Karnataka High Court
Anil Kumar vs Sheeja on 21 February, 2023
Bench: R. Nataraj
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CRL.RP No. 1166 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 1166 OF 2021
BETWEEN:
ANIL KUMAR
S/O VELUCHARY
AGED ABOUT 47 YEARS
R/AT NO.32/12, 3RD CROSS,
3RD MAIN, BHARTHI LAYOUT,
S.G. PALYA, BANGALORE -560029.
ALSO AT: NO.485/8,
VINAYAKA NAGAR,
VARADANAHALLI, VEEAPURA,
DODDABELLAPURA,
BENGALURU - 561 203.
...PETITIONER
(BY SMT. SHREYA S. KUMAR, ADVOCATE FOR
SRI. SIJI MALAYIL, ADVOCATE)
AND:
Digitally
signed by
SUMA SHEEJA
Location: W/O SRI ANIL KUMAR
HIGH COURT
OF AGED ABOUT 39 YEARS
KARNATAKA R/AT NO. 63/36, 3RD CROSS,
3RD MAIN, BHARATHI LAYOUT
S.G. PALYA BANGALORE 560029
...RESPONDENT
(BY SRI. VEERESHA E., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. PLEASED TO
A. SET ASIDE THE ORDER DATED 30.06.2015 PASSED BY THE
LEARNED MMTC-VI BANGALORE IN CRL.MISC.NO.11/2023.B. SET
ASIDE THE IMPUGNED ORDER DATED 03.04.2021 IN
CRL.A.NO.1030/2015 PASSED BY THE HONBEL LXI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE BENGALURU CITY.
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CRL.RP No. 1166 of 2021
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed challenging the judgment
dated 30.06.2015 passed by the Metropolitan Magistrate Traffic
Court-IV, Bengaluru City in Crl.Misc.No.11/2013, by which, the
case of petitioner under Section 12 of the Protection of Women
from Domestic Violence Act, 2005 was allowed and the
respondent was directed to pay Rs.6,000/- per month towards
maintenance of the petitioner and Rs.4,000/- towards cost of
litigation. The petitioner has also challenged the judgment
dated 03.04.2021 passed by the LXI Additional City Civil and
Sessions Judge, Bengaluru City in Crl.A.No.1030/2015, by
which the judgment of the trial Court was upheld.
2. The parties shall henceforth be referred to as they
were arraigned before the trial Court.
3. When this revision petition was listed for admission,
the petitioner and the respondent have filed a joint memo and
a joint affidavit stating that they have settled the dispute, in
terms of which, the petitioner has agreed to pay a sum of
Rs.3,50,000/- towards full and final settlement of her claim of
CRL.RP No. 1166 of 2021
maintenance and permanent alimony. It is stated that a sum of
Rs.2,00,000/- was already paid in M.C.No.6476/2021 before
the IV Additional Judge, Family Court, Bengaluru and the
remaining sum of Rs.1,50,000/- is paid today to the respondent
by way of Demand Draft.
4. The petitioner and the respondent are present in
person and they admit the settlement.
5. In view of the same, the joint memo and the joint
affidavit is accepted. Consequently, the revision petition is
allowed and the judgment dated 30.06.2015 passed by the
Metropolitan Magistrate Traffic Court-IV, Bengaluru City in
Crl.Misc.No.11/2013 is set aside and Crl.Misc.No.11/2013 is
disposed off in terms of the joint memo and the joint affidavit.
Resultantly, the judgment dated 03.04.2021 passed by the LXI
Additional City Civil and Sessions Judge, Bengaluru City in
Crl.A.No.1030/2015 is set aside.
Sd/-
JUDGE
NR/-
