Karnataka High Court
Sri Chandrashekara I V vs Smt Kavya @ Sangeetha on 16 April, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:15835
CRL.P No. 13835 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 13835 OF 2023
BETWEEN:
SRI. CHANDRASHEKARA I V,
S/O VENKATESHMURTHY,
AGED ABOUT 40 YEARS,
ICHANAHALLI VILLAGE,
HOLENARSASIPURA TALUK,
HASSAN DISTRICT - 573 211,
NOW WORKING AS
ASSISTANT DIRECTOR (STATISTICS),
MANGALURU MAHANAGARA PALIKE,
LALBHAG, MANGALURU TALUK - 575 003.
...PETITIONER
(BY SRI. SUYOG HERELE E, ADVOCATE)
AND:
Digitally
signed by
LAKSHMI T
Location:
SMT. KAVYA @ SANGEETHA
High Court W/O CHANDRASHEKAR I V
of Karnataka
AGED ABOUT 26 YEARS,
R/O LIBRARY ROAD, OPP: BSNL OFFICE,
A. N. K. LAYOUT, KOTE, ARAKALAGUD TALUK
HASSAN DISTRICT - 573 211.
...RESPONDENT
(BY SRI. MURTHY D.L, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1048/2023
PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC AT
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NC: 2025:KHC:15835
CRL.P No. 13835 of 2023
ARKALAGUD, HASSAN DISTRICT, FOR THE ALLEGED OFFENCE
P/U/S 31 OF PROTECTION WOMEN FROM DOMESTIC VIOLENCE
ACT, AGAINST THE PETITIONER HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the proceedings initiated against him in C.C.No.1048/2023 on the file of the Court of Civil Judge and JMFC at Arakalgud, Hassan district, for the offence Punishable under Section 31 of the Protection of Women from Domestic Violence Act (for short 'PWDV Act') .
2. Heard the learned counsel for petitioner, learned counsel appearing for respondent and perused the materials on record.
3. Respondent herein, wife of petitioner filed a private complaint under Section 200 of Cr.P.C., alleging violation by the petitioner, the order passed by the learned -3- NC: 2025:KHC:15835 CRL.P No. 13835 of 2023 Magistrate in Crl.Misc.No.45/2021 on an interim application filed under Section 19(f) of the PWDV Act.
4. The learned Magistrate while allowing the said application filed by the respondent directed the petitioner herein to ensure/secure residential accommodation to her in the same level of her previous accommodation or similar alternative convenient accommodation, till disposal of the case.
5. The contention of the respondent is that the said order passed by the learned Magistrate on application filed under Section 19(f) of PWDV Act, was not given effect to and therefore, breach of the said order amounts to an offence under Section 31 of the said Act.
6. Section 31 of the PWDV Act, provides penalty for breach of protection order or an interim protection order, which is obviously passed under Section 18 of the said Act as defined under Section 2(o) of the Act. Hence, it cannot be said that violation of the order passed under Section 19(f) of PWDV Act is a violation of an order -4- NC: 2025:KHC:15835 CRL.P No. 13835 of 2023 passed under Section 18 of the Act, so as to attract the penal provision under Section 31 of the PWDV Act.
7. This Court in Crl.P.No.102231/2023 disposed of on 13.12.2023 relying on a decision of the coordinate bench of this Court in the case of MR. FRANCIS CYRIL C CUNHA V/s SMT. LYDIA JANE D'DUNHA (2016 Criminal Law Journal 1967), held under similar circumstances that the learned Magistrate committed a glaring legal error in taking cognizance of the offence under Section 31 of the PWDV Act.
8. In the above referred case, Section 31 of the P.W.D.V. Act was exhaustively dealt with in the light of Section 2(o), 18 and Section 20 and held that protection order does not include the order of granting monetary relief of maintenance under Section 20 of the PWDV Act. Similarly, in the present case, the protection order under Section 18 of the D.V. Act, will not include the order passed by the learned Magistrate under Section 19(f) of the Act.
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NC: 2025:KHC:15835 CRL.P No. 13835 of 2023
9. It is submitted that the order passed by the learned Magistrate under Section 19(f) of the PWDV Act, has been assailed by the petitioner herein in W.P.No.25172/2024 before this Court. The parties can work out their remedy in the said writ petition.
10. For the aforementioned reasons, the petition succeeds and accordingly, the following:-
ORDERD
i) Petition is allowed.
ii) The entire proceedings in C.C.No.1048/2023 pending on the file of the Court of Civil Judge and JMFC at Arakalgud, Hassan district, is quashed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 25 CT: BHK