Karnataka High Court
Chaluvaraju vs Suneetha on 27 November, 2023
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CRL.RP No. 1389 of 2023
NC: 2023:KHC:42629
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.1389 OF 2023
BETWEEN:
CHALUVARAJU
S/O EREGOWDA,
AGED ABOUT 55 YEARS,
R/O C/O MALLAPPA,
RETIRED K.S.R.T.C EMPLOYEE,
GAVENAHALLI,
HASSAN - 573 201.
...PETITIONER
(BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
1. SUNEETHA
W/O CHALUVARAJU,
AGED ABOUT 47 YEARS,
Digitally signed 2. SWATHI
by MADHURI S
Location: High
D/O CHALUVARAJU,
Court of C/O THIMMEGOWDA
Karnataka AGED ABOUT 26 YEARS,
BOTH ARE RESIDENTS OF
DOOR NO.1223, 1ST CROSS,
RAKSHANAPURAM EXTENSION
HASSAN - 573 201.
...RESPONDENTS
(VIDE ORDER DATED 27.10.2023, NOTICE TO R2 IS
DISPENSED WITH;
R1 - SERVED)
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CRL.RP No. 1389 of 2023
NC: 2023:KHC:42629
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT DATED
07.08.2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT HASSAN IN CRIMINAL APPEAL
NO.143/2021 BY DISMISSED FOR DEFAULT FOR NON-
PROSECUTION BY CONFIRMING THE ORDER OF TRIAL COURT
VIDE ORDER DATED 27.09.2021 BY THE PRINCIPAL CIVIL
JUDGE AND J.M.F.C., HASSAN IN CRIMINAL MISC.NO.29/2013
AND ALLOW THIS PETITION IN THE INTEREST OF JUSTICE AND
EQUITY; b) GRANT SUCH OTHER RELIEF'S AS THIS HON'BLE
COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Being aggrieved by dismissal of appeal filed by him
before the Sessions Court challenging the order passed by
the trial Court granting maintenance and other reliefs
under the provisions of Protection of Women from
Domestic Violence Act, 2005 (hereinafter referred to as
'the DV Act' for short), petitioner/husband is before this
Court contending that the impugned order is not the
speaking order. False allegations were made in the
petition. Due to the intervention of the elders of the
family, a settlement is entered into on 03.09.2011 and by
virtue of said settlement, permanent alimony is paid.
NC: 2023:KHC:42629
Therefore, question of once again paying maintenance
does not arise. However, without providing reasonable
opportunity, appeal filed by the petitioner is dismissed.
2. Notice on this petition is served on the
respondent No.1/wife. However, she has not chosen to
appear and contest the matter. In fact, notice by hand was
also ordered, but respondent No.1 has refused to receive
the notice.
3. Heard arguments and perused the records.
4. Respondents filed petition under Section 12 of
the DV Act, seeking several reliefs. After conducting
detailed enquiry, the trial Court partly allowed the petition
granting maintenance at the rate of Rs.5,000/- per month
to respondent No.1, Rs.5,000/- per month as rent for her
residence and Rs.10,000/- is granted by way of
compensation.
5. Challenging the same, petitioner/husband filed
Criminal Appeal No.143/2021. However, on 07.08.2023,
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the Sessions Court dismissed the appeal by observing that
despite granting sufficient time, learned counsel for the
petitioner herein has failed to address the arguments.
Challenging the same, the present petition is filed.
6. In the light of specific defence taken by the
petitioner/husband that a settlement is entered into
between the parties and permanent alimony is paid, the
matter requires consideration based on merits. From the
order sheet of the appeal filed before the Sessions Court,
it is evident that several adjournments have been taken.
Despite the same, this Court is of the considered opinion
that the matter requires remand to the Sessions Court
with a direction to dispose of the appeal on merits. Of
course, the learned counsel for the petitioner is required to
be vigilant and prosecute the appeal without seeking
unnecessary adjournment and accordingly, the following:
ORDER
i) Petition is allowed.
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ii) Impugned order dated 07.08.2023 passed in
Crl.A.No.143/2021 on the file of the Principal
District and Sessions Judge, Hassan, dismissing
the appeal filed by the petitioner/husband for
non-prosecution is set aside.
iii) Matter is remanded to the Sessions Court for
disposal in accordance with law after providing
reasonable opportunities to both the parties.
iv) Petitioner/husband is directed to appear before
the Sessions Court on 06.12.2023.
Sd/-
JUDGE
MDS
