Karnataka High Court
Irappa vs Kamalaxi on 17 July, 2025
Author: V Srishananda
Bench: V Srishananda
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CRL.RP No. 200164 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.200164 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
SRI IRAPPA
S/O BASAPPA GANGARAGOND,
AGE:56 YEARS,
OCC: SERVICE IN HATTI GOLD MINES,
R/O. U/G DEPARTMENT, T.NO. 2976 BR, 5145,
HATTI GOLD MINES, TQ. LINGASUGURU,
DIST. RAICHUR-584122.
...PETITIONER
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
Digitally signed AND:
by RENUKA
Location: HIGH SMT. KAMALAXI W/O BASAVARAJ KURADI,
COURT OF AGE: 59 YEARS, OCC:HOUSEHOLD,
KARNATAKA R/O. C/O B.G. BYAKOD, VIDHYA NAGAR,
NEAR AMBABHAVANI TEMPLE,
OPP. BLDEA HOSPITAL,
VIJAYAPURA-586102.
...RESPONDENT
(BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 OF CR.P.C (OLD), U/SEC.
438 OF BNSS,2023 PRAYING TO ALLOW THIS CRIMINAL
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CRL.RP No. 200164 of 2024
HC-KAR
REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED
ON 12.03.2024 PASSED BY THE IV ADDITIONAL DISTRICT AND
SESSION JUDGE AT VIJAYAPUR IN CRIMINAL APPEAL
NO.61/2023 AND CONSEQUENTLY DISMISS THE
CRL.MISC.NO.1187/2015 ORDER DATED 27.07.2023 PASSED
BY THE IV ADDL. CIVIL JUDGE AND JMFC-III AT VIJAYAPUR.
AND PASS SUCH OTHER ORDER OR DIRECTION, THIS HON;BLE
COURT DEEMS FIT IN THE CIRCUMSTANCE OF THE CASE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Parties are present.
Parties have filed a joint memo.
The joint memo reads as under:
"1. That, the respondent filed the application
under section 12 of the D.V. Act against the
petitioner in Crl. Misc No.1187/2015 on the file of IV
Addl. Civil Judge and JMFC, Vijayapur, seeking for a
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maintenance. That, the JMFC court dismissed the
said petition by an order dated 27-07-2023.
2. That, being aggrieved by the order passed
by the Magistrate the respondent herein preferred an
appeal in Criminal Appeal No.61/2015 on the file of
IV Additional District and Sessions Judge at
Vijayapur. Subsequently, in Crl.A.No. 61/2015 the
Sessions Court by the order dated 12-03-2024 was
pleased to allow the appeal filed by the respondent
herein and awarded monthly maintenance amount of
Rs.4,000/- from the date of petition till her lifetime.
3. Being aggrieved by the order passed in
Crl.A.61/2015 by Sessions Court the present
petitioner has filed this criminal revision petition
challenging the order of maintenance.
4. That, the petitioner was working in Hutti
Gold Mines Company and has retired from the
service effective from 30-06-2025, and his
retirement benefits around Rs.40Lakhs are yet be
released by the Hutti Gold Mines Company. However,
due to nonpayment of arrears maintenance amount
by the petitioner, the respondent herein filed the Crl.
Misc. No.880/2024 on the file of IV Addl.Civil Judge
and JMFC-III, Vijayapur, under DV Act for recovery
of arrears amount. Subsequently, by order dated 25-
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06-2025 the IV Addl.Civil Judge and JMFC-III,
Vijayapur was please to restrain the the petitioner
from receiving his service benefits from Hutti Gold
Mines Company, Raichur. Therefore, the Hutti Gold
Mines Company, Raichur has not disbursed the
retirement service benefits to the petitioner till date.
5. It is submitted that, the petitioner and
respondent are Brother and Sister and due to the
intervention and advice of the relatives and well
wishers, the petitioner and respondent has agreed to
compromise and settle the matter at once, on the
following terms and conditions:
a) That, the petitioner shall give the one time
settlement maintenance amount of Rs.8,00,000/-
(Rupees Eight Lakhs Only) to the respondent herein.
b) That, this Hon'ble Court may direct Hutti
Gold Mines Company, Raichur, to disburse the
settlement amount of Rs. Rs.8,00,000/- (Rupees
Eight Lakhs Only) to the respondent directly from the
retirement benefits of the petitioner.
c) In the event, Hutti Gold Mines Company,
Raichur, disburse the entire amount of retirement
benefits to the petitioner without disbursing the
settlement amount of Rs. Rs.8,00,000/- (Rupees
Eight Lakhs Only) to the respondent, the petitioner
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shall give/reimburse the settlement amount of Rs.
Rs.8,00,000/- (Rupees Eight Lakhs Only) to the
respondent within 30 days from disbursement of the
retirement benefits from Hutti Gold Mines Company,
Raichur.
d) That, the respondent shall withdraw the
Crl.Misc.No.880/2024 filed under DV Act for recovery
of arrears amount on the file of IV Addl.Civil Judge
and JMFC-III, Vijayapur, by producing this joint
settlement memo and order passed by this Hon'ble
High Court.
e) That, in the event petitioner fails to pay the
settlement amount of Rs. Rs.8,00,000/- (Rupees
Eight Lakhs Only) to the respondent as per above
terms, the respondent is entitled to file necessary
application for execution of this joint settlement
memo and order in accordance with law.
PRAYER
6. Wherefore, that, the petitioner and
respondent herein prays before this Hon'ble Court to
dispose off the above said matter in the terms of this
joint settlement memo, in the interest of justice and
equity."
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Placing the joint memo on record, the revision
petition stands disposed of.
Sd/-
(V SRISHANANDA)
JUDGE
SRT
CT:PK
