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2025 DAILYLAW 88254 (KAR)

SMT. SHUBHAM SHWETA v. SRI RAHUL CHANDRA

CRL.P/11576/2025 · 2025-08-20

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32506 CRL.P No. 11576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11576 OF 2025 BETWEEN: SMT. SHUBHAM SHWETA AGED ABOUT 31 YEARS, W/O. RAHUL CHANDRA, R/O. FLAT G01, GROUND FLOOR, SAI BRINDAVAN MANSION, KODIGEHALLI, KADUGODI, BENGALURU - 560 067. …PETITIONER (BY SRI. SAMEER SHARMA, ADVOCATE) AND: 1. SRI. RAHUL CHANDRA AGED ABOUT 32 YEARS, S/O. RAVISHANKAR SINHA, R/O. FLAT NO. 410, 'MAA NIVASAM', VIJAY VIHAR LAYOUT, KODUGEHALLI, BENGALURU - 560 048. 2. SRI. RAVISHANKAR SINHA S/O. NAWAL KISHORE PRASAD VARMA, AGED ABOUT 69 YEARS, R/O. BAGMALI KHATA JANGI, HAJIPUR, VAISHALI, BIHAR - 844 101. 3. SMT. SARITA SINHA W/O. RAVISHANKAR SINHA VARMA, AGED ABOUT 62 YEARS, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32506 CRL.P No. 11576 of 2025 R/O. BAGMALI KHATA JANGI, HAJIPUR, VAISHALI, BIHAR - 844 101. …RESPONDENTS (VIDE ORDER DATED 20.08.2025 NOTICE TO RESPONDENTS DISPENSE WITH) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO ISSUE AN APPROPRIATE ORDER OR DIRECTION DIRECTING THE COURT OF THE HON'BLE ACJM BENGALURU RURAL TO PASS ORDERS ON INTERLOCUTORY APPLICATIONS BEARING NOs. 1 AND 2 IN CRL.MISC.NO.766/2025 FILED ON 13.05.2025 WITHIN A FIXED TIME FRAME AS EXPEDITIOUSLY POSSIBLE AS DEEMED APPROPRIATE BY THIS HON'BLE COURT (ANNEXURE C AND D RESPECTIVELY). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by a helpless wife, who is aggrieved by the inaction on the part of the learned Magistrate who has not passed orders on I.A.Nos.1 and 2. 2. Learned counsel for the petitioner, placing reliance on the judgments rendered by the Coordinate - 3 - HC-KAR NC: 2025:KHC:32506 CRL.P No. 11576 of 2025 Bench, would emphatically contend that an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is required to be dealt with expeditiously. The very object of the Act is to provide immediate, effective and efficacious relief to an aggrieved woman who alleges acts of domestic violence. The legislative intent behind the enactment is to ensure that women are not left remediless or subjected to prolonged hardship during the pendency of proceedings. 3. It is in furtherance of this object that the statute itself prescribes a strict timeline. Sub-section (5) of Section 12 mandates that every application filed under Section 12(1) shall, as far as possible, be disposed of within a period of sixty days from the date of its first hearing. The time frame so stipulated is not merely directory but is indicative of the urgency attached to such proceedings, inasmuch as the reliefs contemplated under the Act, whether protection orders, residence orders, - 4 - HC-KAR NC: 2025:KHC:32506 CRL.P No. 11576 of 2025 monetary reliefs or custody orders are essentially intended to mitigate continuing hardship faced by the victim. 4. However, the order sheet in the present case reveals that though I.A.Nos.1 and 2 were heard and orders were reserved as far back as on 20.05.2025, the learned Magistrate has not pronounced orders till date, and the matter is languishing even in the last week of August. Such delay defeats the very scheme and purpose of the Act and renders the statutory mandate under Section 12(5) nugatory. In this backdrop, this Court is of the considered view that appropriate directions are warranted to ensure that the mandate of the statute is respected and the object of the legislation is not frustrated. 5. For the foregoing reasons, dispensing notice to the respondents, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2025:KHC:32506 CRL.P No. 11576 of 2025 ORDER (i) The petition is allowed; (ii) The learned magistrate is hereby directed to forthwith pass orders on I.A.Nos.1 and 2 within a period of two weeks from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 22