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2024 Supreme(Online)(MP) 9021
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA ON THE 4th OF MARCH, 2024 CRIMINAL REVISION No. 651 of 2024 BETWEEN:- GOVIND S/O MADANLAL BANJARA, AGED ABOUT 26 Y E A R S , OCCUPATION: LABOUR R/O VILLAGE MADHUPURA, TEHSIL MAHIDPUR, DISTRICT UJJAIN (MADHYA PRADESH) .....PETITIONER (BY SHRI RITU RAJ BHATNAGAR - ADVOCATE) AND 1. SMT. KRISHNABAI W/O GOVIND BANJARA, AGED ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE VILLAGE BHATPUR, TEHSIL AGAR, DISTT. AGAR MALWA (MADHYA PRADESH) 2. MUSKAN THR NATURAL GUARDIAN MOTHER SMT. KRISHNABAI W/O GOVIND BANJARA, AGED ABOUT 25 YEARS, OCCUPATION: HOUSEWIFE VILLAGE BHATPUR TEHSIL AGAR DIST AGAR MALWA (MADHYA PRADESH) .....RESPONDENTS (BY SHRI SY. FARDIN MEER- ADVOCATE) This revision coming on for orders this day, th e court passed the following:
Ritu Raj Bhatnagar,
Headnote:
Fact of the Case:
The petitioner was convicted under Section 31 of the Domestic Violence Act for non-compliance of a maintenance order. The petitioner and the respondents later compromised the matter.
Finding of the Court:
The court allowed the revision petition and set aside the impugned order of conviction and sentence. The petitioner was acquitted of all charges.
Final Decision: The petitioner was acquitted of all charges.
ORDER
This is revision u/S.397/401 of the Cr.P.C. being aggrieved by the judgment passed by learned Ist Additional Sessions Judge, Shajapur in Cr.A. No.34/22 on 5.2.2024 whereby the learned Judge has affirmed the judgment passed by JMFC, Agar District Shajapur in RCT No.760/2017 on 18.7.2022 whereby the petitioner has been convicted under Section 31 of Domestic Violence Act and sentenced to undergo for RI for six months with fine of Rs.5000/- in default of payment of fine, he shall further undergo R.I for one month.
2. The facts of the case are that the petitioner's marriage was solemnized with respondent no. 1 in year 2016 and from said marriage one daughter respondent no. 2 was born. The respondent filed complaint against petitioner under section 12, 18, 19, 20, 21, 22 & 23 of Domestic Violence Act, before learned JMFC, Agar which is registered as MJCR 16/2016 and by order dated 17-08-2017 trial court granted maintenance of Rs. 1200-1200/- to both respondents. As a result of non-compliance of the above order dated 17-08- 2017 the respondents filed complaint under section 31 of Domestice Violence Act, 2005 for recovery of maintenance amount.That, the learned JMFC Court after perusing record and recording evidence of both parties learned lower court convicted applicant for 6 months R.I. sentence and fine of Rs. 5,000/-. Hence the appellant filed appeal before learned 1st ASJ, Agar and learned appellate court confirmed the conviction of appellant/petitioner.
3. Counsel for the petitioner submits that the matter has been compromised between the parties and in this regard they have filed copy of the compromise alongwith I.A No.3416/2024.
4. Counsel for the respondents does not dispute the aforesaid compromise and submits that he has no objection to allow the present revision.
5. Considering the aforesaid submissions and the compromise between the parties, the present Revision is allowed. The impugned order of conviction and sentence is set aside. The petitioner is acquitted of all the charges. 6. With the aforesaid, the Revision is allowed and disposed off. (VIJAY KUMAR SHUKLA) JUDGE PK JUDGE PK
