Smt.Jayasheela vs Nandish
2023 Latest Caselaw 2184 Kant

                                              -1-
                                                         CRL.A No. 455 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 12TH DAY OF APRIL, 2023

                                            BEFORE

                              THE HON'BLE MR JUSTICE P.N.DESAI


                             CRIMINAL APPEAL NO.455 OF 2022 (A)

                   BETWEEN:

                   1.    SMT. JAYASHEELA
                         W/O. JAYAPPA
                         AGED ABOUT 48 YEARS
                         R/O. GONJIGANUR VILLAGE
                         HOLALKERE TALUK
                         CHITRADURGA DISTRICT-577 523.
                                                                  ...APPELLANT
                   (BY SRI SATISH R. GIRJI, ADVOCATE)

                   AND:

                   1.    NANDISH
                         S/O. NINGAPPA
                         AGED ABOUT 24 YEARS
Digitally signed         R/O. GONJIGANUR VILLAGE
by V
MANJUSHA BAI             HOLALKERE TALUK
Location: High
Court of                 CHITRADURGA DISTRICT-577 523.
Karnataka
                   2.    BASAVARAJ
                         S/O. LATE RAMAPPA
                         AGED ABOUT 45 YEARS
                         BHADRAVATHI CITY
                         SHIVAMOGGA DISTRICT-577 245.
                   3.    SMT. SINDHU
                         W/O. LATE JAYAPPA
                         AGED ABOUT 28 YEARS
                         R/O GONJIGANUR VILLAGE
                         HOLALKERE TALUK
                         CHITRADURGA DISTRICT-577 523.
                                 -2-
                                             CRL.A No. 455 of 2022




4.   THE STATE OF KARNATAKA
     BY CHIKKAJAJUR POLICE
     REP. BY SPP
     HIGH COURT BUILDING
     BENGALURU-560 001.
                                                   ...RESPONDENTS
(BY SRI SHIVAKUMARAPPA T.C., ADVOCATE FOR R.1 TO R.3;
    SMT. K.P. YASHODHA, HCGP FOR R.4.)

     THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C., PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED 12.11.2021
PASSED BY THE LEARNED I ADDITIONAL DISTRICT &
SESSIONS JUDGE, CHITRADURGA, IN S.C. NO.53/2019 AND
CONVICT AND SENTENCE THE RESPONDENTS/ACCUSED FOR
THE OFFENCES PUNISHABLE UNDER SECTION 306 R/W 34 OF
IPC FOR WHICH THEY HAVE BEEN CHARGED AND ALLOW THIS
CRIMINAL APPEAL, IN THE INTEREST OF JUSTICE.

    THIS CRL.A. COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

1. Learned counsel for the appellant has filed a memo for

withdrawal of the appeal, which reads as under:

"The appellant filed this Criminal Appeal against the order dtd:21.11.2021 in SC No.53/2019 passed by the I Addl. District and Sessions Judge, Chitradurga. The matter was posted before this Hon'ble Court on 14.12.2022 for admission and the matter was admitted. Now the appellant does not want to pursue this appeal. Hence this Hon'ble Court be pleased to permit the appellant to withdraw the said appeal, in the interest of justice."

CRL.A No. 455 of 2022

2. Learned counsel has also filed an affidavit of the appellant-

Jayasheela stating that the parties have arrived at a settlement

and the appellant intends to withdraw the appeal.

In view of the said affidavit and the memo, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

hkh.