A husband sought quashing of an interim maintenance order passed under the Domestic Violence Act and its affirmation on appeal, since the same order was pending before the Appellate Court, he withdrew to work out remedies there; parties agreed the proceedings would close with compliance of the interim order.
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NC: 2024:KHC:52366 CRL.P No. 4262 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4262 OF 2023
BETWEEN:
MR. JOSEPH KEVIN SELVADORAY S/O LATE J.E.SELVADORAY AGED ABOUT 51 YEARS R/AT FLAT NO.B2114, BIRCHWOOD PRESTIGE SUMMER PARK NEO TOWN ROAD, GOLLAHALLI ELECTRONIC CITY PHASE-1 BENGALURU – 560 100.
PRESENTLY RESIDING AT FLAT 1 B LAZARUS ENCLAVE 15 CAMPBELL ROAD, AUSTIN TOWN BENGALURU – 560 047.
…PETITIONER
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SRI AMIT A.MANDGI, ADVOCATE)
AND:
SHABANA B. S., D/O MR. AFROZE BUKHT AGED ABOUT 50 YEARS R/AT NO.8/7, RD RESIDENCY 10TH MAIN, ST. BED LAYOUT 4TH BLOCK, KORAMANGALA BENGALURU – 560 034.
…RESPONDENT
(BY SMT. ABHINAYA K., ADVOCATE)
NC: 2024:KHC:52366 CRL.P No. 4262 of 2023
THIS CRL.P IS FILED U/S 482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 20.02.2023 PASSED BY THE LEARNED METROPOLITAN MAGISTRATE TRAFFIC COURT-IV, BENGALURU ON THE APPLICATION FILED BY THE RESPONDENT HEREIN UNDER SEC.20 R/W SEC.23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE IN CRL. MISC. NO.65/2021 AND THE ORDER DATED 01.04.2023 PASSED BY THE LX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-61) IN CRIMINAL APPEAL NO.334/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question the order dated 20-02-2023 passed by the learned MMTC-IV, Bengaluru in Crl.Misc.No.65 of 2021 granting Rs.90,000/- as interim maintenance to the respondent/wife, as also, the order dated 01-04-2023 passed by the learned Sessions Judge affirming the order in Crl.A.No.334 of 2023.
NC: 2024:KHC:52366 CRL.P No. 4262 of 2023
NC: 2024:KHC:52366 CRL.P No. 4262 of 2023
Petition stands disposed accordingly.
Sd/(M.NAGAPRASANNA) JUDGE
BKP List No.: 1 Sl No.: 78 CT:SS
1 issue framed by the court
Whether a quashing petition under Section 482 Cr.P.C. could be maintained when the same interim maintenance order was already under challenge before the appellate court?
2 provisions across 2 enactments
Joseph Kevin Selvadoray
Shabana B.S.
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
