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IN THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ, J.
K.C. Vijayakumara - Appellant
Versus
S. Geetha - Respondent
Criminal Revision Petition No. 1377 of 2018
Decided On : 20-09-2019
Criminal Procedure Code, 1973 - Section 177 – Indian Penal Code,1860 - Sections 506, 34 and 498-A - Protection of Women from Domestic Violence Act, 2005 - Section 12 - Exercising jurisdiction - Punishment - Petitioner and respondent started their marital life where petitioner was working as a trained graduate teacher in Government Higher Primary School- They led their marital life - Thereafter without any reason respondent/wife abandoned company of petitioner and left marital house once for all and returned to her parents house- She lodged a false complaint Police Station against petitioners alleging offence punishable Sections wherein she has narrated about commission of alleged offences having taken place within jurisdiction of Police Station –Held, Provision has been made for such aggrieved person who has lost her family residence and is compelled to take residence though temporarily either with one of her relatives or with one of her friends at a place where domestic violence was not committed or her matrimonial home was not there- Such a woman can invoke jurisdiction of court where she is compelled to reside in view of commission of domestic violence this temporary residence must be one which an aggrieved person takes circumstances of domestic violence Court on basis of temporary residence word "temporarily" means lasting existing serving for a time only which is not permanent- A temporary residence is a temporary dwelling place of aggrieved person who has for time being decided to make that place as her home- An aggrieved person who has lost her matrimonial home due to domestic violence and was not even allowed to stay at her ancestral house or at her father’s place for some reason or other and is compelled to take residence though temporarily either with one of her relatives or with one of her friends at a place where domestic violence was not committed can invoke jurisdiction of Magistrate within whose local limits such place of temporary residence situates- legislature has provided aggrieved women who are financially economically or physically abused wide options to institute a case which best suited their convenience comfort and accessibility indicates "Magistrate" means Judicial Magistrate of First Class or as case may be Metropolitan Magistrate exercising jurisdiction Code of Criminal Procedure area were aggrieved person resides temporarily or otherwise or respondents resides or domestic violence is alleged to have taken place- Thus even if for a temporary period of time an aggrieved person is residing at place she can seek reliefs Act by filing an appropriate application before competent Court within local limits whose jurisdiction such place situates - Petition dismissed
JUDGMENT :
MOHAMMAD NAWAZ, J.
1. This revision petition is preferred with a prayer to set aside the judgment dated 14.11.2018 passed by the court of the LVI Addl. City Civil and Sessions Judge, Bengaluru in Crl. Appeal No.506/2018 and the order dated 09.03.2018 passed by the Court of V Addl. CMM Traffic Court at Bengaluru in Crl.Misc. No.246/2013 and to hold that the Court of V Addl. CMM Traffic Court, Bengaluru has no jurisdiction to try the petition filed by the respondent and to dismiss the said petition filed in Crl.Misc. No.246/2013.
2. I have heard Sri. A.V. Gangadharappa learned counsel appearing for the petitioners and Sri. Dinesh Gaonkar, learned counsel appearing for the respondent.
3. Facts leading to the filing of this revision petition in brief are as under :
4. A memo was filed by the petitioners herein to treat, jurisdiction to prosecute the case, as preliminary issue. The respondent herein filed objections to the said memo dated 08.12.2017. The learned Magistrate by an order dated 09.03.2018 was pleased to hold that the Court has jurisdiction to proceed with the matter and dismissed the prayer of the petitioners herein.
5. Aggrieved by the aforesaid order passed by the learned Magistrate the petitioners herein preferred Crl.A.No. 506/2018 before the learned Sessions Judge. The said appeal came to be dismissed by judgment dated 14.11.2018, aggrieved by which and challenging the aforesaid orders, the petitioners are before this court.
6. It is the contention of the learned counsel appearing for the petitioners that the 1st petitioner and the respondent started their marital life at Mellagatti in Savanur Taluk, where the 1st petitioner was working as a trained graduate teacher in Government Higher Primary School. They led their marital life till 14.11.2012. Thereafter, without any reason, the respondent/wife abandoned the company of the 1st petitioner and left the marital house once for all and returned to her parents' house. She lodged a false complaint on 30.11.2012 in Savanur Police Station against the petitioners alleging offence punishable under Sections 506, 34 and 498-A of IPC, wherein she has narrated about the commission of the alleged offences having taken place within the jurisdiction of Savanur Police Station. The police have filed charge sheet against the petitioners and the said case is registered as C.C.No.56/2013 on the file of the Civil Judge and JMFC at Savanur. It is contended that the present case has been filed alleging domestic violence stated to have been caused to her while she was residing with the 1st petitioner at Mellagatti in Savanur Taluk and no part of the cause of action has arisen at Bengaluru. Merely because the respondent is residing in Bengaluru with the parents, wherein no domestic violence has taken place, the present application filed before the Court in Bengaluru is not maintainable.
7. The learned counsel for the petitioners would contend that according to Section 28 of the 'Act 2005', all proceedings shall be governed by the provisions of Cr.PC. The Trial Court has failed to follow the procedure prescribed in Chapter XIII of Cr.PC. As per Section 177 of Cr.PC, every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. The Trial Court has no jurisdiction to try the case since the offence
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