B. Mamatha @ Mamatha Devi. B. W/o B. Manjunath v. Manjunatha S/o Muni Venkata
2019-01-16
ASHOK G.NIJAGANNAVAR, B.V.NAGARATHNA
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ORDER B.V. Nagarathna, J. 1. We have heard learned counsel Smt. Usha M.V. for the complainants and perused the material on record. 2. She has drawn our attention to the affidavit filed by the accused in Crl.A. No.1251/2005 and has submitted that the said affidavit of undertaking clearly states that the accused would look after his wife and lead a happy marital life and that he undertakes to maintain his wife and children happily in future days. She submits that the accused has not complied with the terms of the said undertaking dated 5.2.2009 and therefore this contempt petition has been filed. 3. The affidavit submitted by the accused (Annexure-E) reads as under: “I, Manjunath S/o Munivenkatappa, aged about 47 years, residing at Beerjanahalli, S.K. Halli Post, Chintamani Taluk, Kolar District, now residing at Bommanahalli Village, Begur Hobli, Anekal Taluk, Bengaluru Rural District, now at Bengaluru do hereby solemnly affirm and state on oath as follows:- (1) I am the appellant in the above case and I know the facts and circumstances of the case. Hence I am swearing to this affidavit. (2) I submit that, I have filed Criminal Appeal against the judgment, conviction and sentence passed by the X Additional Session Judge, Bengaluru City, Bengaluru in S.C. No.212/2004 convicting me for an offence under section 498-A. 326 of IPC and Section 4 of D.P. Act. (3) I submit that, the complainant Smt. Mamtha is my wife, both of have married and out of wedlock, we have two children namely Kum. Sushma, aged about 19 years and Kum. Smitha, aged about 12 years and both of them are residing with us and Kum. Shushm studying in 2nd sem. at Oxford Engineering College and Kum. Smitha studying in 7th Std. at Cambridge School at Bommanahalli and myself and my wife both of us have settled our differences amicably and also intended to lead happy marriage life. (4) I submit that, in addition to it for the better future of our children Kum.Sushma and Kum.Smitha, who are bright students studying in college and school. Wherein, both ourselves and father-in-law of the complainant are helping in all respect for their education and better living and also undertake to look after my wife and children in properly without any cruelty or anything.
Wherein, both ourselves and father-in-law of the complainant are helping in all respect for their education and better living and also undertake to look after my wife and children in properly without any cruelty or anything. In view of the facts stated above, myself and my wife are decided to compromise the above matter and to lead a happy marital life for which we seeking the permission of this Hon’ble Court to compound the offence. (5) I submit that, further I undertake to maintain my wife and children happily in future days. What is stated above are all true and correct to the best of my knowledge, information and belief.” 4. On a reading of the same, it is noted that the accused had filed Criminal Appeal against the judgment of conviction and sentence passed by the III Additional Sessions Judge, Bengaluru City, Bengaluru in S.C.No.212/2004 convicting him of the offence under Section 498-A, 326 of IPC and Section 4 of the Dowry Prohibition Act. On referring to his wife and children the accused has stated that he would compromise the matter with his wife and lead a happy marital life and therefore permission was sought to compound the offence. He also undertook to maintain his wife and children happily in future. In view of the joint affidavit filed by the accused and the complainant as well as the affidavit referred to above, the appeal was disposed of and the judgment of conviction and sentence was set aside and the accused was acquitted of the aforesaid offences by accepting I.A.1/2006 which was filed by the accused seeking compounding of the offences and permission was granted for compounding of the offences punishable under Sections 498A and 326 of the IPC. 5. Learned counsel for the complainants submits that the accused has not complied with his undertaking given in the affidavit dated 05.02.2009 and therefore this contempt petition has been filed by seeking condonation of delay of 3082 days in filing the contempt petition. 6. However, we are of the view that if the complainants contend that there has been a violation of the terms and conditions of the affidavit or the undertaking given in the affidavit by the accused dated 05.02.2009 they have remedies in law so as to seek maintenance or other reliefs before the appropriate forum.
6. However, we are of the view that if the complainants contend that there has been a violation of the terms and conditions of the affidavit or the undertaking given in the affidavit by the accused dated 05.02.2009 they have remedies in law so as to seek maintenance or other reliefs before the appropriate forum. The affidavit given by the accused was in addition to the application filed by the accused seeking compounding of the offences in respect of which he had been convicted and sentenced in S.C. No.212/2004. The same cannot be construed as a direction issued by this Court as there was no direction issued by this Court on the basis of what was stated in the affidavit regarding payment of maintenance etc. In the circumstances, we hold that the contempt petition is not maintainable, reserving liberty to the complainants to seek appropriate remedies available to them in law before the appropriate forum. In view of the disposal of the contempt petition, the applications also stand disposed off.