SMT. ROOPA B C Vs. SRI THARESH

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 19/12/2017 passed in Crl.A. No. 15003/2007 by V Additional District and Sessions Judge, Devanahalli, Bengaluru Rural district whereunder order dtd. 28/1/2017 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.20,000.00 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 Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'D.V. Act') seeking monthly maintenance of Rs.20,000.00 and Rs.15,00,000.00 towards marriage expenses, to return the gold jewelry and other reliefs. Along with the main petition, petitioner had also filed an application under Sec. 23(2) of the D.V. Act seeking interim maintenance of Rs.20,000.00 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.3,000.00 per month from the date of petition till the disposal of the petition. on 5/12/2014 respondent paid a sum of Rs.8,000.00 and sought time to pay balance amount. Thereafter, the matter was referred to conciliation, but not settled. On 20/8/2015 petitioner filed an application under Sec. 31 of the D.V. Act praying to take cognizance against the respondent for breach of interim protection order. Respondent filed objections to the said application. On 15/6/2016, 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 28/1/2017, convicting the respondent for offence punishable under Sec. 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.20,000.00. 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 dtd. 28/1/2017 passed in P.C.R. No. 316/2016 by Principal Civil Judge and J.M.F.C. Devanahalli.