Smt Swathi vs Sri Muniyappa
2021 Latest Caselaw 6660 Kant

                               1




     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOK ADALAT

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF DECEMBER 2021

                    CONCILIATORS PRESENT:

         THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
                             &
                 SMT. S.SUSHEELA, MEMBER

                     Crl.RP No. 378/2020
                  (Lok Adalat No. 3189/2021)

BETWEEN:
1.     SMT. SWATHI,
       W/O ANIL KUMAR.W.R,
       AGED ABOUT 34 YEARS,
       RESIDING AT NO.C-603,
       ADARSH ESPLANADE,
       HSR LAYOUT, BANGALORE SECTOR,
       BANGALORE - 560 102.
       (CORRECT DETAILS WITH CORRECT
       ADDRESS OF ACCUSED/APPELLANT)

2.     MR. SWATHI ANIL,
       W/O ANIL REDDY,
       R/AT NO.217, KARIMARIYAMMA
       TEMPLE ROAD,
       WHITEFIELD,
       BENGALURU - 66
       (SHOWN IN THE ALLEGED COMPLAINT)
                                               ... PETITIONERS
(BY SRI. RAJESH A, ADVOCATE)


AND:
SRI. MUNIYAPPA, S/O YALLAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT NO.46/D, VIBHUTIPURA,
BANGALORE EAST, BANGALORE
                                     2




AND ALSO AT
BHRUNDAVA LAYOUT,
SORAHUNASE CROSS, VARTHUR,
BANGALORE - 560 087

                                                   ... RESPONDENT

(BY SRI. B KESHAVA MURTHY, ADVOCATE)

THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE CONVICTION ORDER DATED 31.08.2018 PASSED BY THE ADDL.C.J.M., BENGALURU RURAL DISTRICT, BENGLAURU IN C.C.NO.7578/2014 AND CONFIRMATION OF THE SAME IN JUDGMENT DATED 11.02.2020 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRL.A.NO.104/2018 BY ALLOWING THIS CRL.RP AND DISMISS THE COMPLAINT FILED BY THE COMPLAINANT. AND ETC.,

THIS CRL.RP COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Petitioner & Respondent

are present through video conferencing/Physical Hearing.

2. After prolonged negotiations, the matter is settled. Both parties

have filed Joint Memo which reads as under:

"The Petitioner and Respondent respectfully as follows:

1. The parties have arrived for amicable settlement for Rs.80,000/- (Rupees Eighty Thousand only) towards full and final settlement.

2. the Petitioner has deposited Rs. 43,000/- before the Trial Court and she has no objection to refund in favour of Respondent / Complainant.

3. That the Petitioner has paid today Rs. 37,000/- (Rupees Thirty Seven Only) by way of cash today itself.

4. That the Respondent has acknowledged the receipt of the above, subject to realization.

5. That the parties have no claim or whatsoever against each other

6. That the parties have voluntarily agreed to enter into this Joint Memo, without any force or coercion.

Wherefore, the Petitioner and Respondent respectfully pray this Hon'ble Court, the Judgement pass in C.C No. 7578/2014 dated: 31.08.2018 and Judgement passed in Crl.A No. 104/2018 dated: 11.02.2020, may please be set-aside, in terms of Joint Memo, in the interest of justice and equity."

3. Accordingly, this Crl.RP is hereby disposed of in terms of the

Joint Memo.

Sd/-

JUDGE

Sd/-

MEMBER

RN

FILED BEFORE LOKADALAT IN THE HIGH COURT OF KARNATAKA, BENGALURU CRL. R.P. NO. 378/2020 (LOK ADALATH NO. 3189/2021) BETWEEN:

SMT. SWATHI                                                  ... PETITIONER
AND:
SRI. MUNIYAPPA                                               ...RESPONDENTS
                               JOINT MEMO

The Petitioner and Respondent respectfully as follows:

1. The parties have arrived for amicable settlement for Rs.80,000/- (Rupees Eighty Thousand only) towards full and final settlement.

2. The Petitioner has deposited Rs. 43,000/- before the Trial Court and she has no objection to refund in favour of Respondent/Complainant.

3. That the Petitioner has paid today Rs. 37,000/- (Rupees Thirty Seven Only) by way of cash today itself.

4. That the Respondent has acknowledged the receipt of the above, subject to realization.

5. That the parties have no claim or whatsoever against each other

6. That the parties have voluntarily agreed to enter into this Joint Memo, without any force or coercion.

Wherefore, the Petitioner and Respondent respectfully pray this Hon'ble Court, the Judgement pass in C.C No. 7578/2014 dated: 31.08.2018 and Judgement passed in Crl.A No. 104/2018 dated: 11.02.2020, may please be set-aside, in terms of Joint Memo, in the interest of justice and equity.

Place: Bengaluru
Date: 18/12/2021
                Sd/-                                Sd/-
ADVOCATE FOR PETITIONER                   ADVOCATE FOR RESPONDENT
                                                    Sd/-
                                              RESPONDENT
                                                   True Copy

                                                             Sd/-
                                                         (Secretary)