Govind vs Smt. Krishnabai
2024 Latest Caselaw 6532 MP

Madhya Pradesh High Court

Govind vs Smt. Krishnabai on 4 March, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 4 th OF MARCH, 2024
                                           CRIMINAL REVISION No. 651 of 2024

                           BETWEEN:-
                           GOVIND S/O MADANLAL BANJARA, AGED ABOUT 26
                           Y E A R S , OCCUPATION: LABOUR R/O VILLAGE
                           MADHUPURA, TEHSIL MAHIDPUR, DISTRICT UJJAIN
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI RITU RAJ BHATNAGAR - ADVOCATE)

                           AND
                           1.    SMT. KRISHNABAI W/O GOVIND BANJARA, AGED
                                 ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE
                                 VILLAGE BHATPUR, TEHSIL AGAR, DISTT. AGAR
                                 MALWA (MADHYA PRADESH)

                           2.    MUSKAN THR NATURAL GUARDIAN MOTHER
                                 SMT. KRISHNABAI W/O GOVIND BANJARA, AGED
                                 ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE
                                 VILLAGE BHATPUR TEHSIL AGAR DIST AGAR
                                 MALWA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI SY. FARDIN MEER- ADVOCATE)

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                            ORDER

This is revision u/S.397/401 of the Cr.P.C. being aggrieved by the

judgment passed by learned Ist Additional Sessions Judge, Shajapur in Cr.A. No.34/22 on 5.2.2024 whereby the learned Judge has affirmed the judgment passed by JMFC, Agar District Shajapur in RCT No.760/2017 on 18.7.2022

whereby the petitioner has been convicted under Section 31 of Domestic Violence Act and sentenced to undergo for RI for six months with fine of Rs.5000/- in default of payment of fine, he shall further undergo R.I for one month.

2. The facts of the case are that the petitioner's marriage was solemnized with respondent no. 1 in year 2016 and from said marriage one daughter respondent no. 2 was born. The respondent filed complaint against petitioner under section 12, 18, 19, 20, 21, 22 & 23 of Domestic Violence Act, before learned JMFC, Agar which is registered as MJCR 16/2016 and by order dated 17-08-2017 trial court granted maintenance of Rs. 1200-1200/- to both

respondents. As a result of non-compliance of the above order dated 17-08- 2017 the respondents filed complaint under section 31 of Domestice Violence Act, 2005 for recovery of maintenance amount.That, the learned JMFC Court after perusing record and recording evidence of both parties learned lower court convicted applicant for 6 months R.I. sentence and fine of Rs. 5,000/-. Hence the appellant filed appeal before learned 1st ASJ, Agar and learned appellate court confirmed the conviction of appellant/petitioner.

3. Counsel for the petitioner submits that the matter has been compromised between the parties and in this regard they have filed copy of the compromise alongwith I.A No.3416/2024.

4. Counsel for the respondents does not dispute the aforesaid compromise and submits that he has no objection to allow the present revision.

5. Considering the aforesaid submissions and the compromise between the parties, the present Revision is allowed. The impugned order of conviction and sentence is set aside. The petitioner is acquitted of all the charges.

6. With the aforesaid, the Revision is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE PK