IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1106/2017 Between:
Mahesh B.L.D.
S/o late Ganganaika Aged about 35 years Occu: Asst. Teacher Government Lower Primary School (GLPS) Mallenahalli R/at Bidarakere, Lambanihatti Holalkere Taluk – 577 554 Chitradurga District. … Petitioner (By Sri. K.R.Kumar, Advocate) And:
1. M. Shruti W/o Mahesh B.L.D. Aged about 28 years R/at Kalkere Lambanihatti Village Ramagiri Hobli Holalkere Taluk – 577 531.
2. Nivedita D/o Mahesh B.L.D. Aged about 5½ years Represented by Natural Guardian Mother, i.e., respondent No.1 … Respondents (By Sri. R. Shashidhara, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C., pleased to set aside the impugned order dated 19.05.2017 passed in Crl.RP.No.18/2016 on the file of Special II Additional District and Sessions Judge, Chitradurga and further kindly restore the order dated 20.02.2016 made in Crl.Misc.No.88/2012 on the file of Civil Judge and Judicial Magistrate First Class, Holalkere.
This Criminal Revision Petition is coming on for Admission, this day, the Court made the following:
O R D E R Learned counsel for the petitioner submits that the petitioner/husband is present before the Court. Learned counsel for the respondents submits that respondent No.1-wife is also present. Now both are living together. When this Court questioned the petitioner/husband and respondent No.1-wife, they said that they are living together happily and now the house is under construction that is the only problem for the respondent No.1-wife. They are staying along with respondent No.2-daughter. She has also been got changed the school, which is near to their residence. All these materials clearly goes to show that they are living together and no useful purpose would be served if the case is adjourned.
2. The said submission has been placed on record.
3. For the time being, the petition is closed with liberty to revive the case in the event, if any, contingencies arise in future.
4. Learned counsel for the respondents submitted that in pursuance of the settlement, she is going to withdraw the execution petition filed before the Court below.
In view of disposal of the main petition, I.A.No.1/2017 for stay does not survive for consideration. Accordingly, I.A.No.1/2017 is disposed of.
NR/-
Sd/- JUDGE