IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :18.03.2025 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Criminal Revision Case No.344 of 2021 ---

U. Prabhu .. Petitioner Versus T. Kanimozhi .. Respondent Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C to call for the records in connection with the order dated 17.02.2020 in Criminal Appeal No. 102 of 2019 on the file of learned II Additional District and Sessions Judge, Poonamallee against the order dated 17.09.2019 passed in C.M.P. Nos. 1608 and 1607 of 2019 in D.V.C. No. 10 of 2018 on the file of learned Judicial Magistrate, Ambattur.

For Petitioner : Mr. S. Silambuselvan For Respondent : Mr. V. Sundar Raman for Mr. A. Laxmi Rajarathinam

ORDER

This Criminal Revision case is filed to set aside the order dated

17.02.2020 passed by the learned II Additional District and Sessions Judge, Poonamallee in Criminal Appeal No.102 of 2019 dismissing the Criminal Appeal for Non Prosecution, which was filed against the order dated 17.09.2019 passed in C.M.P.Nos.1608 and 1607 of 2019 in D.V.C.No.10 of

2018 before the learned Judicial Magistrate, Ambattur.

2. The brief facts, which are necessary for the disposal of this Criminal Revision Case, are as follows:-

2.1. The Respondent herein has filed D.V.C. No. 10 of 2018 before the learned Judicial Magistrate, Ambattur, in which she has narrated various instances that had taken place during the matrimonial home to drive home the point that she was subjected to intense matrimonial cruelty by the Petitioner and his mother. Among many complaints, it was stated that the Petitioner is addicted to alcoholic drinks and under the influence of alcohol, he had physically assaulted the Respondent on many occasions. It was also stated that demanding more money and jewels, she was driven to her parents house on several occasions. Further, it was stated that even after the birth of a female child on 01.11.2013, the Respondent was subjected to cruel treatment and therefore, she had filed Maintenance Case, followed by the instant Domestic Violence Case.

2.2. A counter was filed by the Petitioner herein categorically denying each and every one of the averments and contended the entire averments in the Domestic Violence Case are per se false. It was stated that the Petitioner is not addicted to alcoholic drinks as alleged and such allegations are made only for the purpose of filing the present case. It is further stated that the allegations regarding demand of money or jewels are untenable.

2.3. During the pendency of the D.V.C. No. 10 of 2018, the Respondent herein had filed two Miscellaneous Petitions namely Crl.M.P. No. 1607 and 1608 of 2019. The first petition in Crl.M.P. No. 1607 of 2019 was filed under Section 19 of The Protection of Women from Domestic Violence Act, praying to direct the Petitioner to pay a sum of Rs.25,000/- towards maintenance. The second petition in Crl.M.P. No. 1608 of 2019 was filed under Section 23 (1) of the said Act to direct the Petitioner to provide her shared household in the matrimonial home.

2.4. Both the applications in C.M.P.No.1607 of 2019 and C.M.P.No.1608 of 2019 in D.V.C.No.10 of 2018 were taken up by the learned Judicial Magistrate, Ambattur, for enquiry. After analysing the evidence made available, a common order dated 17.09.2019 was passed allowing both the petitions inter alia directing the Petitioner to pay a sum of Rs.15,000/- per month as maintenance.

2.5. Challenging the order dated 17.09.2019 in CMP Nos. 1607 and

1608 of 2019 in D.V.C. No. 10 of 2018, the Petitioner has filed Criminal Appeal No. 102 of 2019 before the learned II Additional District and Sessions Judge, Tiruvallur at Poonamallee. However, when the Appeal was taken up for hearing on 17.02.2020, since there was no representation for the Petitioner, the Appeal was dismissed by the Appellate Judge for default.

2.6. Aggrieved by the order of dismissal dated 17.02.2020 passed in Criminal Appeal No.102 of 2019 passed by the II Addi