1. This revision petition is directed against
the judgment dated 19.12.2017 passed in Crl.A. No.
15003/2007 by V Additional District and Sessions
Judge, Devanahalli, Bengaluru Rural district
whereunder order dated 28.01.2017 passed in PCR
No. 316/2016 by Principal Civil Judge and J.M.F.C.
Devanahalli, convicting respondent – accused and
sentencing him to undergo simple imprisonment for 6
months or to pay fine of Rs.20,000/- payable to the
petitioner came to be set aside.
2. Heard learned counsel for petitioner and
learned counsel for respondent.
3. Facts in brief are that, the petitioner –
complainant filed a petition under Section 12 of the
NC: 2025:KHC:23722
HC-KAR
Protection of Women from Domestic Violence Act,
2005 (hereinafter referred to as the `D.V. Act’)
seeking monthly maintenance of Rs.20,000/- and
Rs.15,00,000/- towards marriage expenses, to return
the gold jewelry and other reliefs. Along with the
main petition, petitioner had also filed an application
under Section 23(2) of the D.V. Act seeking interim
maintenance of Rs.20,000/- per month for herself and
for the child. After service of notice, respondent
appeared through his counsel and sought time for
filing objections. On 22.11.2014, learned Magistrate
passed an order granting interim maintenance of
Rs.3,000/- per month from the date of petition till the
disposal of the petition. on 05.12.2014 respondent
paid a sum of Rs.8,000/- and sought time to pay
balance amount. Thereafter, the matter was referred
to conciliation, but not settled. On 20.08.2015
petitioner filed an application under Section 31 of the
D.V. Act praying to take cognizance against the
NC: 2025:KHC:23722
HC-KAR
respondent for breach of interim protection order.
Respondent filed objections to the said application.
On 15.06.2016, learned Magistrate directed the office
to register the P.C.R. and P.C.R. No. 316/2016 came
to be registered. Enquiry was conducted. Learned
Magistrate passed an order on 28.01.2017, convicting
the respondent for offence punishable under Section
31 of the D.V. Act and sentenced him to undergo
simple imprisonment for a period of 6 months or to
pay fine of Rs.20,000/-. Agreed by the said order,
respondent filed an appeal before the Sessions Court
in Crl.A. No. 15003/2017. Learned Sessions Judge,
after hearing arguments on both sides, has passed
impugned judgment, allowing the appeal and setting
aside the order dated 28.01.2017 passed in P.C.R.
No. 316/2016 by Principal Civil Judge and J.M.F.C.
Devanahalli.
[ad_1]
Source link