Smt U Savitha vs Sri S Ramesh
2023 Latest Caselaw 7765 Kant

Citation : 2023 Latest Caselaw 7765 Kant
Judgement Date : 17 November, 2023

Karnataka High Court

Smt U Savitha vs Sri S Ramesh on 17 November, 2023

Bench: J.M.Khazi

                                              -1-
                                                    CRL.RP No. 1260 of 2019
                                                          NC: 2023:KHC:41237




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 17TH DAY OF NOVEMBER, 2023

                                           BEFORE
                             THE HON'BLE MS JUSTICE J.M.KHAZI
                      CRIMINAL REVISION PETITION NO. 1260 OF 2019
                   BETWEEN:

                       SMT. U SAVITHA,
                       WIFE OF SRI.V.UMASHANKAR,
                       AGED 50 YEARS,
                       RESIDING AT NO.136, 4TH MAIN, 5TH STAGE,
                       BEML LAYOUT, RAJARAJESHWARINAGAR,
                       BENGALURU-560 098.
                                                                  ...PETITIONER
                   (BY SRI. S V BHAT, ADVOCATE)
                   AND:

                       SRI S RAMESH,
                       SON OF T.SIDDARAMAIAH,
                       AGED 38 YEARS,
                       RESIDING AT NO.19, PATTANGERE POST,
                       RAJARAJESHWARINGARA,
                       BENGALURU - 560 098.
Digitally signed                                              ...RESPONDENT
by MADHURI S       (BY SRI. L.T. GOPAL, ADVOCATE)
Location: High
Court of                THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
Karnataka          CR.P.C PRAYING TO SET-ASIDE THE JUDGMENT AND ORDER
                   DATED    09.09.2019    PASSED   IN   CRIMINAL   APPEAL
                   NO.1134/2016 CONFIRMING THE ORDER OF CONVICTION AND
                   SENTENCE IN C.C.NO.675/2016 DATED 30.08.2016 ON THE
                   FILE OF THE XXII ADDITIONAL CHIEF METROPOLITAN
                   MAGISTRATE, BENGALURU AND DISMISS THE COMPLAINT
                   FILED BY THE RESPONDENT AND FURTHER BE PLEASED TO
                   ORDER FOR COSTS OF THE ABOVE PETITION, IN THE
                   INTEREST OF JUSTICE AND EQUITY.

                        THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
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                                              CRL.RP No. 1260 of 2019
                                                   NC: 2023:KHC:41237




                            ORDER

Petitioner/accused and respondent/complaint are

present.

Both learned counsel are present.

2. I.A.No.1/2023 is filed under Section 257 of

Cr.PC and r/w 147 N.I.Act along with verifying affidavits

filed by the both parties in support of this application. The

terms read as under:

i) The petitioner/accused, without conceding the claim of the respondent/complainant, however in order to put an end to the long drawn litigation & unnecessary mental tension and agony and the counter cases pending between her husband and the respondent/complainant, has agreed to pay a sum of Rs.9,25,000/- and the respondent/complainant has agreed to receive the same in full and final settlement of his alleged claim as per the agreement of settlement entered into between her, her husband and the respondent/complainant, also paid a sum of Rs.2,20,000/- by way of Demand Draft bearing No.29930 drawn on HDFC Bank, Rajarajeshwari Nagar Branch, Bengaluru dated 25.10.2023, the receipt of which the

CRL.RP No. 1260 of 2019 NC: 2023:KHC:41237

respondent/complainant has acknowledge the same in the agreement of settlement, copy of which is enclosed.

ii) Out of the Balance, a sum of Rs.2,80,000/-

deposited by the petitioner/accused in terms of the interim order passed in Crl.Appeal No.1134/2016 before the LXIV Addl. City Civil & Sessions Judge (CCH-65) at Bengaluru and the same may be ordered to be paid to the respondent/complainant and the respondent/complainant agreed to receive the same and give credit in the balance payable.

iii) The remaining balance of Rs.4,25,000/- is paid by Cheque bearing No.000155 and drawn on HDFC Bank dated 24.01.2024 to the respondent/complainant herein.

iv) Having thus received a sum of Rs.9,25,000/- as full and final settlement of his claim, the respondent no other claim whatsoever and that he has no objection for setting aside the order of conviction & sentence in CC No.675/2016 on the file of the XXII Addl.Chief Metropolitan Magistrate and also order of confirmation in Crl.Appeal No.1134/2016 on the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65) at Bengaluru and withdraws the complaint filed by him against the petitioner/accused.

CRL.RP No. 1260 of 2019 NC: 2023:KHC:41237

WHEREFORE, the petitioner/accused and the respondent/complainant pray that this Hon'ble Court may be pleased to permit the complainant/respondent withdraw the Complaint in CC No.675/2016 on the file of the XXII Addl. Chief Metropolitan Magistrate and set aside the order of conviction in CC No.675/2016 on the file of the XXII Addl. Chief Metropolitan Magistrate and also order of confirmation in Crl.Appeal No.1134/2016 on the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65) at Bengaluru and acquit the petitioner/accused of the offences alleged, in the interest of justice.

3. In the light of the compromise entered into

between the parties, I proceed to pass the following:

ORDER

i) I.A.No.1/2023 filed under Section 257

Cr.PC and r/w 147 of N.I Act is hereby

allowed

ii) The Criminal Revision Petition is allowed.

iii) Impugned order dated 09.09.2019 in

Crl.A.No.1134/2016 passed by the LXIV

Addl. City Civil and Sessions Judge,

CRL.RP No. 1260 of 2019 NC: 2023:KHC:41237

(CCH-65) Bengaluru, by confirming the