Sri. B S Kempa Reddy vs Sri. T R Nagesha
2024 Latest Caselaw 26335 Kant

Karnataka High Court

Sri. B S Kempa Reddy vs Sri. T R Nagesha on 5 November, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                                 NC: 2024:KHC:44413
                                                           CRL.RP No. 1633 of 2023




                      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. 1633 OF 2023


                      Between:

                      Sri B.S.Kempa Reddy,
                      S/o Seetharamappa,
                      Aged about 39 years,
                      R/at Bayappanahalli Village,
                      Kasaba Hobli, Chickballapur - 562 101

                                                                        ...Petitioner
                      (By Sri K.N.Nithish, Advocate for
                          Sri K.V.Narasimhan, Advocate)

                      And:
Digitally signed by
VEERENDRA             Sri T.R.Nagesha,
KUMAR K M
Location: HIGH        S/o Sri Ramakrishnappa,
COURT OF              R/at Marjenahalli Village,
KARNATAKA
                      Madderi Post, Kolar Taluk,
                      Kolar District - 563157.

                                                                      ...Respondent
                      (By Sri Vishwanatha K., Advocate)


                             This Crl.RP is filed u/s 397 r/w 401 Cr.P.C. praying to
                      allow this petition and set aside the judgment and order
                      dated 19.10.2023 passed by the learned III Additional
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                                             NC: 2024:KHC:44413
                                      CRL.RP No. 1633 of 2023




District   and   Sessions   Judge    at     Chikkaballapura   in
Crl.A.No.59/2021 and judgment of conviction and order of
sentence passed by the learned Principal Civil Judge and
J.M.F.C at Chikkaballapura in C.C.No.763/2017 dated
30.08.2021.


      This Crl.RP, coming on for hearing, this day, order
was made therein as under:


CORAM: HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

After addressing the arguments for some time, joint

memo came to be filed. Joint memo reads as under:

"The parties have settled the matter amicably. The petitioner has agreed to pay a sum of Rs.2,25,000/- and respondent has agreed to receive the same towards full and final settlement of all his claims.

1. A sum of Rs.1,62,500/- is in deposit before the courts below. The respondent shall be entitled to withdraw the said amount.

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2. A sum of Rs.25,000/- is paid today by the petitioner to respondent. The respondent acknowledges the receipt of said amount.

3. The balance sum of Rs.37,500/- shall be paid by petitioner to respondent on or before 31.12.2024.

If the said sum of Rs.37,500/- is not paid on or before 31.12.2024, the orders of courts below shall revive.

Wherefore, it is prayed that this Hon'ble court be pleased to take this joint memo on record and allow the above petition in the interest of justice and equity."

2. In view of the joint memo, revision petition stands

disposed of. Since the agreed amount is to be paid on or

before 31.12.2024 and if the same is not paid, order of the

Trial Magistrate stands restored automatically.

3. In view of the settlement between the parties, the

sum of Rs.5,000/- awarded by the Trial Magistrate and

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confirmed by the First Appellate Court towards the

defraying expenses of the State is hereby set aside.

The amount in deposit is ordered to be withdrawn by

the complainant under due verification.

Sd/-

(V SRISHANANDA) JUDGE

SD