Karnataka High Court
Sri P Jayaprakash vs Smt Kavitha on 12 February, 2024
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NC: 2024:KHC:5878
CRL.RP No. 1349 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO.1349 OF 2018
BETWEEN:
SRI P JAYAPRAKASH
S/O LATE PAPAIAH
AGED ABOUT 41 YEARS
ASSISTANT, KARNATAKA POWER
CORPORATION LTD
Digitally
signed by GERUSOPPE, HONNAVARA TALUK,
SUDHA S
KARWAR DISTRICT - 581 334.
Location:
HIGH COURT
OF
KARNATAKA ...PETITIONER
(BY SRI. SUDHARSHAN L, ADVOCATE)
AND:
SMT. KAVITHA
W/O P JAYAPRAKASHA
AGED ABOUT 36 YEARS
C/O SALMA,
W/O. LATE SYED SALEEM
7TH CROSS, PENSION MOHALLA,
HASSAN - 573 201.
...RESPONDENT
(BY SRI. CHETHAN B, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDERS DATED 31.05.2016 IN
CRL.MISC.NO.161/2014 ON THE FILE OF II ADDITIONAL CIVIL
JUDGE AND JMFC AT HASSAN AND IN CRL.APPEAL
NO.131/2017 DATED 05.10.2018 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:5878
CRL.RP No. 1349 of 2018
ORDER
1. Heard Shri Sudharshan.L., learned counsel for the
petitioner and Shri Chethan.B., learned counsel for the
respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed a Joint Memo dated
08.01.2024. The joint memo is taken on record.
3. The Petitioner and the respondent are present and
identified by their respective counsels. The Joint Memo is duly
signed by the petitioner, the respondent and their respective
counsels. The Joint Memo reads thus:
"JOINT MEMO FOR COMPROMISE
At the advice of the well wishers and family
members both the Petitioner and the Respondent
have amicably settle the matter and resolve the
dispute between them on the terms of settlement is
as follows:-
1) That earlier a joint memo for compromise was
filed before this Hon'ble court by both the parties
with the terms and conditions as follows:
a) That the Petitioner had agreed to pay total
additional permanent alimony to the Respondent for
a sum of Rs. 17,50,000/- (Rupees Seventeen Lakhs
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Fifty Thousand only), in addition to what was
already paid and the amount of Rs. 17,50,000/-
should be paid in Three installments, commencing
from 10-11-2023.
However due to unavoidable circumstances, the
Petitioner could not arrange the said amount as
agreed. Today, the matter was listed before this
Hon'ble court both the parties agreed to accept the
earlier compromise terms and further decided to
relax the Three installments in to Two installments.
b) As per the Two installments, today i.e., on
08-01-2024 the Petitioner is making the payment of
Rs. 5,00,000/- (Rupees Five Lakhs only) as First
installment by way of Demand Draft No. 259710,
07-11-2023 for an amount of Rs. 3,00,000/-
(Rupees Three Lakhs only) drawn on Canara Bank,
Gerusoppa Branch, and bearing Cheque No. 794159
dated 08-01-2024 for an amount of Rs. 2,00,000/-
(Rupees Two Lakhs only) in total Rs. 5,00,000/-
(Rupees Five Lakhs only)
c) The Second installment of Rs. 12,50,000/-
(Rupees Twelve Lakhs Fifty Thousand only) will be
paid on or before 18-02-2024.
d) In addition to the above said permanent
alimony of Rs. 17,50,000/- (Rupees Seventeen
Lakhs, Fifty Thousand only), the Petitioner has
agreed to pay Rs. 7,000/- (Rupees Seven Thousand
only) as monthly maintenance during the life time to
the Respondent. The salary of the Petitioner is
attached for Monthly maintenance of Rs. 7,000/-
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(Rupees Seven Thousand only) to the Respondent
shall continue.
e) It is submitted that the Respondent subject
to above payment of Rs. 17,50,000/- willfully and f
with free consent expresses and accepts the
in M.C.No. 12/2019 passed by the Learned First
Additional Family court at Hassan, where in the
marriage dated 17-06-1998 between the petitioner
and the Respondent has been dissolved and further
the Respondent undertakes not to contest and
oppose the MFA No. 1312/2023 which is pending
before this Hon'ble court, filed by the Petitioner,
seeking modification of the permanent alimony
awarded in judgment in M.C.No. 12/2019 passed by
the Learned First Additional Family court at Hassan
on 19-01-2023. And the Respondent further
undertakes that she has no objection to modify the
judgment in M.C.No. 12/2019 passed by the Learned
First Additional Family court at Hassan on 19-01-
2023 with regard to the permanent alimony awarded
in M.C. No. 12/2019 the Learned First Additional
Family court at Hassan and further the Respondent
accept the same as final settlement and undertakes
not to claim in future any maintenance, permanent
alimony and share in movable and immovable
property of the Petitioner.
Wherefore, it is prayed that this Hon'ble court may
be pleased to post the above matter on 19-01-2024
and to allow the memo of compromise in the interest
of justice."
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4. In terms of the averments stated above, the parties
have settled the matter amicably and sought to dispose of the
matter as per the terms and conditions stated above. Their
submission is placed on record. There is no embargo to this
Court to dispose of the matter in terms of the Joint Memo.
5. Hence, I proceed to pass the following:-
ORDER
i) The Criminal Revision Petition is disposed of in
terms of the Joint Memo.
ii) The order dated 31.05.2016 in
Crl.Misc.No.161/2014 passed by the II Additional Civil
Judge and J.M.F.C., Hassan and order dated 05.10.2018
in Crl.A.No.131/2017 passed by the III Additional District
and Sessions Court at Hassan are set aside.
iii) In view of the disposal of the main petition, pending
I.As., do not survive for consideration and the same are
also disposed of.
Sd/-
JUDGE
BSS
