Smt. Prema N vs Sri A T Kumaraswamy
2024 Latest Caselaw 26302 Kant

Karnataka High Court

Smt. Prema N vs Sri A T Kumaraswamy on 5 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                        NC: 2024:KHC:44514
                                                   CRL.RP No. 1156 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 5TH DAY OF NOVEMBER, 2024

                                       BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO.1156 OF 2022
            BETWEEN:

            1.    SMT. PREMA N
                  W/O SRI VENKATESH
                  AGED ABOUT 46 YEARS
                  NO.195-D, 2ND MAIN ROAD,
                  14TH CROSS, SUBRAMANYANAGAR
                  BENGALURU-560 021
                                                             ...PETITIONER
            (BY SRI SRIKANTH N V, ADVOCATE)
            AND:

            1.    SRI A T KUMARASWAMY
                  S/O A T THIMMAPPA GOWDA
                  AGED ABOUT 58 YEARS,
                  R/A No.3676/A, 1ST FLOOR,
                  9TH CROSS, 4TH MAIN, 'B' BLOCK
                  SUBRAMANYANAGAR
Digitally         BENGALURU-560 021
signed by                                          ...RESPONDENT
MALATESH    (BY SRI MANJUNATHA N BYRAREDDY, ADVOCATE)
KC
Location:
HIGH               THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
COURT OF
KARNATAKA   CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
            DATED 25.11.2019 PASSED IN CRL.A.No.501/2018 ON THE
            FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS
            JUDGE    (CCH-65),   BANGALORE     THEREBY    DISMISSED   THE
            CRL.A FILED BY THE PETITIONER THEREBY CONFIRMING THE
            JUDGMENT      OF     CONVICTION    AND     SENTENCE     DATED
                                  -2-
                                            NC: 2024:KHC:44514
                                       CRL.RP No. 1156 of 2022




27.02.2018 PASSED IN C.C.No.6713/2016         ON THE FILE XVI
ADDITIONAL CHILE METROPOLITAN MAGISTRATE, BANGALORE
AND CONSEQUENTLY ALLOW THE ABOVE PETITION AS PRAYED
FOR.

       THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

Joint memo is filed signed by counsel for the revision

petitioner, counsel for the revision petitioner, counsel for the

respondent and respondent.

2. In view of the joint memo revision petition stands

disposed of.

3. Since the settlement arrived between the parties

and entire amount is paid by the revision petitioner to the

complainant, sum of Rs.10,000/- imposed by the learned Trial

Magistrate, confirmed by the First Appellate Court towards

defraying expenses of the State is hereby set aside.

4. It is made clear that if the amount is not paid as

per the joint memo, the order of the learned Trial Magistrate

stands restored automatically.

NC: 2024:KHC:44514

5. Amount in deposit, if any, is ordered to be

withdrawn by the complainant under due identification.

Sd/-

(V SRISHANANDA) JUDGE

MR