Karnataka High Court
John Praveen Kumar S/O Ebnezer And Ors vs Bhagya @ Bhagyamma W/O Johan Praveen ... on 6 September, 2013
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IN THE HIGH COURT OF KARNATAKA,
GULBARGA BENCH
DATED THIS THE 06TH DAY OF SEPTEMBER, 2013
:BEFORE:
THE HON'BLE MR. JUSTICE B V PINTO
CRIMINAL PETITION NO.15406/2013
BETWEEN:
1. JOHN PRAVEEN KUMAR,
S/O.EBNEZER,
AGED ABOUT 31 YEARS,
OCC: UNEMPLOYED.
2. EBNEZER MOSES,
S/O.MOSES,
AGED ABOUT 62 YEARS,
OCC: RET. GOVT. SERVANT.
3. PUSHPALATHA,
W/O.EBNEZER MOSES,
AGED ABOUT 50 YEARS,
OCC: HOUSE HOLD WORK.
4. JOY SHEETAL,
D/O.EBNEZER MOSES,
AGED ABOUT 50 YEARS,
OCC: HOUSE HOLD WORK,
ALL ARE R/AT H.NO.32, HC LANE,
DAR QUARTERS,
GULBARGA-585103. ... PETITIONERS
(BY SRI.A.M.NAGRAL, ADV.)
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AND:
BHAGYA @ BHAGYAMMA,
W/O.JOHAN PRAVEEN KUMAR,
D/O.SOLOMON,
AGED ABOUT 25 YEARS,
OCC: HOUSE HOLD,
TYPE 7/177, RTPS COLONY,
SHAKTINAGAR,
RAICHUR-584101. ... RESPONDENT
(BY SRI.VEERANAGOUDA, ADV.)
THIS CRIMINAL PETITION IS FILED U/S 482
CR.P.C PRAYING TO QUASH THE COMPLAINT DATED
27.06.2011 FILED BY THE RESPONDENT UNDER
SECTION 12 OF THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT 2005 BEFORE THE
LEARNED CHIEF JUDICIAL MAGISTRATE RAICHUR IN
CRL.MISC.NO: 7/2011 AND ORDER OF REGISTERING
THE CASE.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed seeking to quash the proceedings dated 27.06.2011 instituted under Section 12 of the Protection of Women from Domestic Violence 3 Act, 2005 in Cri.Misc.7/2011 before the Chief Judicial Magistrate at Raichur.
2. It is the case of the respondent that she is the wife of petitioner No.1 and that petitioner Nos.2 to 4 are the father, mother and sister of first petitioner. It is stated that, there was dispute between the petitioners and respondent and that the respondent was insulted, humiliated and ridiculed in various modes and also harassed. Hence, she had filed the petition for various relief's under the aforesaid Act. On receipt of the notice, the petitioners appeared before the trial Court. Since the year 2011, the proceedings are continued even till this date before the trial Court. However, the petitioners submitted that continuance of the said proceedings is an abuse of process of law. Hence, they have prayed for quashing of the proceedings.
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3. Sri.Nagaral, learned Counsel for the petitioners submits that, the petitioner No.1 is ready to take his wife back and lead a happy matrimonial life forgetting the past.
4. Sri.Veeraanagowda, learned Counsel for the respondent on the other hand submits that, the petitioner No.1 had filed the petition seeking divorce against the respondent herein on the ground of unchastity of the respondent. Hence, his offer to take back his wife/respondent is not genuine.
5. It is further submitted by the learned Counsel for the petitioners that, respondent has not at all appeared in the divorce proceedings at Family Court. However the petition for divorce has been dismissed by the Family Court at Gulbarga.
6. Petitioner No.1 and respondent are young couple and there is every possibility of settlement of the 5 issue between the parties. Keeping this in mind, it is thought suitable that the petition be dismissed and the matter be allowed to continue with a direction that genuine efforts shall be made to patch up the matrimonial dispute between petitioner No.1 and respondent.
7. With these observations, this petition is disposed of. It is directed that the respondent/wife shall be present before the trial Court on 28.09.2013 without notice from the Magistrate's Court.
Sd/-
JUDGE KSR