- 1 - HC-KAR NC: 2026:KHC:6261 CRL.RP No. 1154 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1154 OF 2018 ( BETWEEN: 1. SRI ANIL KUMAR V S/O LATE R. VENKATESH AGED ABOUT 34 YEARS. 2. SMT. N. JAYALAKSHMI W/O LATE VENKATESH AGED ABOUT 53 YEARS. 3. SRI SUNIL KUMAR V S/O LATE VENKATESH. ALL ARE R/AT NO.21/1 2ND FLOOR, 3RD MAIN 3RD A CROSS, CHIKKALASANDRA BENGALURU - 560 061. …PETITIONERS (BY SRI PRASANNA KUMAR S, ADV., FOR SRI S. RAMA MURTHY, ADV.) AND: SMT. SHARMILA R W/O ANIL KUMAR V AGED ABOUT 28 YEARS R/AT NO.148, 3RD MAIN AGS LAYOUT AREHALLI UTTARAHALLI HOBLI BENGALURU - 560 085. …RESPONDENT (BY SMT. HEMALATHA M.K, ADV., FOR SRI H.M. MURALIDHAR, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER IN CRL.APPAL NO.447/2015 OF THE LEARNED LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6261 CRL.RP No. 1154 of 2018 BANGALORE (ANNEXURE-A) DATED 07.09.2018 AND UPHOLD THE ORDER PASSED IN CRL.MISC.NO.95/2014 (ANNEXURE B). THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This criminal revision petition under Sections 397 read with 401 Cr.PC is filed by the husband and in-laws with a prayer to set aside the judgment and order dated 07.09.2018 passed in Crl.A.No.447/2015 by the Court of LXIV Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned Counsel for the parties. 3. Respondent-wife had filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short, 'D.V.Act') in Crl. Mis. No.95/2014 before the jurisdictional Court of Magistrate. After a full-fledged trial, the said petition was dismissed by the Trial Court by judgment and order dated 02.02.2015. Against the said judgment, wife had filed Crl.A.No.447/2015 under Section 29 of the D.V.Act assailing the order passed in Crl. Mis. No.95/2014. - 3 - HC-KAR NC: 2026:KHC:6261 CRL.RP No. 1154 of 2018 4. The Court of LXIV Addl. City Civil & Sessions Judge, Bengaluru, vide the impugned judgment and order dated 07.09.2018, had allowed Crl.A.No.447/2015, and has remanded the matter to the Trial Court to consider the petition afresh and pass appropriate protection order and maintenance order considering the Domestic Incident Report of the jurisdictional Protection Officer. Aggrieved by the aforesaid judgment and order passed in Crl.A.No.447/2015, the husband is before this Court. 5. Learned Counsel for the petitioner submits that the marriage of the petitioner with the husband has been dissolved by a decree of divorce passed in M.C.No.2217/2015 by judgment and decree dated 05.09.2017. He submits that the criminal case registered against the petitioners for the offence punishable under Section 498A of IPC and under the provisions of the D.P.Act, has been closed and the accused in the said case have been acquitted. Petitioner and respondent, both are now re-married, and therefore, no purpose would be served by remanding the matter, since no protection order or - 4 - HC-KAR NC: 2026:KHC:6261 CRL.RP No. 1154 of 2018 maintenance order can be now passed in view of the changed circumstances. Accordingly, he prays to allow the petition. 6. Per contra, learned Counsel for the respondent has argued in support of the impugned judgment and order and submits that the petition under Section 12 of the D.V.Act was filed prior to the decree of divorce and even the acquittal of the accused in the criminal case is subsequent. Therefore, it cannot be said that the wife cannot be granted any relief in her petition filed under Section 12 of the D.V.Act. Accordingly, he prays to dismiss the petition. 7. The Trial Court after appreciating the oral and documentary evidence placed on record, has arrived at a conclusion that the wife had failed to prove that her husband had committed the act of domestic violence, and accordingly had dismissed her petition filed under Section 12 of the D.V.Act. 8. The Appellate Court in Crl.A.No.447/2015 has set aside the said order on three grounds, (a) the criminal case filed against the petitioners for the offence punishable under Section - 5 - HC-KAR NC: 2026:KHC:6261 CRL.RP No. 1154 of 2018 498A and Sections 3 & 4 of the D.P.Act was pending consideration; (b) the husband was gainfully employed and wife had no source of income, and therefore, he was duty bound to pay her maintenance; and (c) wife is entitled for an appropriate residential order under Section 19 of the Act. 9. It is not in dispute that the marriage of the parties to this petition was dissolved subsequent to dismissal of Crl. Mis. No.95/2014 by the jurisdictional Family Court in M.C.No.2217/2015 by a decree of divorce dated 05.09.2017. Undisputedly, the said decree of divorce has attained finality. It is also not in dispute that the accused in criminal case that was registered for the offences punishable under Section 498A IPC and Sections 3 & 4 of the D.P.Act, have been acquitted and the said judgment and order of acquittal, also has attained finality. The Appellate Court has remanded the matter to the Trial Court with an observation that the Trial Court shall pass appropriate protection orders and maintenance orders considering the Domestic Incident Report of the jurisdictional Protection Officer. Undisputedly, the parties have now re-married after the decree of divorce was granted to them in M.C.No.2217/2015. Under - 6 - HC-KAR NC: 2026:KHC:6261 CRL.RP No. 1154 of 2018 the circumstances, the wife who is the petitioner in Crl. Mis. No.95/2014 is not entitled either for any protection orders or for maintenance order, and therefore, no purpose would be served in remitting the matter to the Trial Court. Therefore, the impugned judgment and order passed in Crl.A.No.447/2015 cannot be sustained. Accordingly, the following order: 10. Criminal revision petition is allowed. The impugned judgment and order dated 07.09.2018 passed in Crl.A.No.447/2015 by the Court of LXIV Addl. City Civil & Sessions Judge, Bengaluru, is set aside. Sd/- (S VISHWAJITH SHETTY) JUDGE KK