IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201304 OF 2024 (482(Cr.PC)/528(BNSS))

BETWEEN:

GURURAJ S/O MALLIKARJUN VIJAPUR, AGE: 40 YEARS, OCC: GOVT. SERVANT, R/O. KATTAGI ADDA MANE, ALNAWAR TQ. ALNAWAR, DIST. DHARWAD 581103.

…PETITIONER (BY SRI AJAY JAWALI AND SRI BASAVARAJ M. POLICE PATIL, ADVOCATES)

AND:

SMT. RASHMI W/O GURURAJ VIJAPUR D/O RAUTAPPA SALOTGI, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O. PLOT NO. 40, JEWARGI ROAD, CHAMUNDESHWAR COLONY, KALABURAGI 585102.

…RESPONDENT (BY SRI S.N.PADSHETTY, ADVOCATE)

THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC

528 OF BNSS, PRAYING TO, DIRECT THE LD PRINCIPAL JUDGE, FAMILY COURT, KALABURAGI TO PROCEED WITH THE COMPLAINT U/SEC 340 OF CR.P.C BEFORE PROCEEDINGS WITH THE MAIN PROCEEDINGS U/SEC 125 OF CPC IN CRL MISC NO.6/2020.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

The petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to direct the Court of Principal Judge Family Court at Kalaburagi to proceed with the application filed under Section 340 of Cr.P.C. before proceeding further in Crl.Misc.6/2020 filed by the respondent under Section 125 of Cr.P.C. claiming maintenance.

2. Heard learned counsel for the parties.

3. The petitioner herein is the husband of the respondent, who has filed Crl.Misc.No.6/2020 before the Court of Principal Judge Family Court at Kalaburagi under Section 125 of Cr.P.C. claiming maintenance. In the said proceedings, the petitioner herein had filed an application under Section 340 of Cr.P.C. with a prayer to prosecute the respondent for the offences punishable under Sections 193 to 196 of IPC. on the ground that respondent had suppressed the material facts before the Court and had submitted a false affidavit. The said application was dismissed by the learned Principal Judge Family Court, Kalaburagi and the same was questioned in an appeal before this Court in Criminal Appeal No.200058/2023 by the petitioner herein. The said appeal was allowed vide judgment dated 17.07.2023 and the learned Principal Judge Family Court, Kalaburagi was directed to hold an enquiry on the application filed under Section 340 of Cr.P.C. by the petitioner and proceed further in accordance with law. On the ground that the learned Principle Judge Family Court, Kalaburagi has been proceeding with the main matter in Crl.Misc.No.6/2020 without holding any enquiry on the application filed under Section 340 of Cr.P.C., the petitioner is before this Court seeking necessary direction.

4. Learned counsel for the petitioner submits that since the respondent has filed a false affidavit and produced property documents, which do not belong to the petitioner, an application is filed under Section 340 of Cr.P.C. before the Family Court to prosecute the respondent for having committed perjury. He submits that since the allegations made in the application goes to the root of the matter, without holding an inquiry on the application, the Family Court is not justified in proceeding further on the application filed under Section 125 of Cr.P.C. Accordingly, he prays to allow the petition.

5. Per contra, learned counsel for the respondent has opposed the prayer made in the petition and submits that simultaneous proceedings are being held on the application as well as in the main matter and therefore, the petitioner cannot have any grievance. Accordingly, he prays to dismiss the petition.

6. The material on record would go to show that this Court in Criminal Appeal No.200058/2023 having set aside the order passed by the learned Principal Judge Family Court, Kalaburagi on the application filed by the petitioner under Section 340 of Cr.P.C., has remitted the matter to the Court of learned Principal Judge Family Court at Kalaburagi to proceed furt