S. Kumarswamy v. State Of Telanagana,

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.1107 of 2015

ORDER

The present criminal revision case is directed against the judgment dated 19.05.2015 passed in Crl.A.No.373 of 2013 by the Additional Metropolitan Sessions Court, Ranga Reddy District at L.B.Nagar.

2. The second respondent herein filed D.V.C.No.17 of 2011 on the file of the Judicial Magistrate of First Class (Special Mobile Court)-cum-XI Metropolitan Magistrate, Cyberabad, L.B.Nagar. After considering the evidence and the documents on record, the trial Court directed the petitioner herein to return the dowry amount of Rs.5.00 lakhs and to pay a sum of Rs.5.00 lakhs towards compensation to the second respondent within a period of two months from the date of the said order and also directed to pay a sum of Rs.10,000/-per month towards maintenance and residential accommodation. Aggrieved by the same, the petitioner filed Crl.A.No.373 of 2013 and the same was dismissed confirming the order of the trial Court. Challenging the same, the petitioner filed the present revision.

3. Heard and perused the material on record.

4. In view of the concurrent findings of both the Courts below, this Court is not inclined to interfere with the merits of the matter. However, learned counsel for the petitioner confined his argument with regard to the quantum of compensation and the maintenance granted by the trial Court. He submitted that the petitioner has been paying the monthly maintenance regularly.

5. Learned counsel for the second respondent objected the said contention and informed that the petitioner has not been paying the monthly maintenance regularly even though he is

having sufficient means to pay the same. She also submitted that the second respondent has no means to maintain herself and she is not an earning person.

6. In view of the concurrent findings of both the Courts below and also the rival contentions of the parties, this Criminal Revision Case is disposed of with the following direction; The petitioner herein is directed to pay the said amount of Rs.5.00 lakhs towards compensation as directed by the trial Court on or before 25.03.2016 and as far as the maintenance granted by the trial Court is concerned, the same is reduced from Rs.10,000/- to Rs.9,000/-per month payable by the petitioner from the month of March, 2016 and continue to pay the same regularly on or before 10th of every succeeding month. The remaining portion of the order of the trial Court shall remain unaltered.

7. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous Petitions, if any, pending in this revision shall stand closed.

______________________ JUSTICE RAJA ELANGO 9th February, 2016 sj