K B Prabhakar vs K Narasimhegowda
2024 Latest Caselaw 27700 Kant

Karnataka High Court

K B Prabhakar vs K Narasimhegowda on 19 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                      NC: 2024:KHC:47032
                                                CRL.RP No. 339 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 339 OF 2022
            BETWEEN:

                  K.B. PRABHAKAR,
                  S/O BYREGOWDA,
                  AGED ABOUT 56 YEARS,
                  R/O KODIHALLI,
                  BINDIGANAVAILE HOLBI,
                  NAGAMANGALA TALUK,
                  MANDYA - 571 432.
                                                           ...PETITIONER
            (BY SRI. ARUN G, ADVOCATE)
            AND:

                  K. NARASIMHEGOWDA,
                  S/O KEMPEGOWDA,
                  AGED ABOUT 77 YEARS,
                  R/ ALISANDRA VILLAGE AND POST,
                  NAGAMANGALA TALUK,
Digitally         MANDYA - 571 432.
signed by
MALATESH          SINCE DEAD
KC                REPRESENTED BY LRS.
Location:
HIGH        1.    SMT. NINGAMMA,
COURT OF          W/O LATE SRI. K. NARASIMHE GOWDA,
KARNATAKA
                  AGED ABOUT 80 YEARS,

            2.    SRI. A.N. LAKSHMANA GOWDA,
                  S/O LATE SRI. K. NARASIMHE GOWDA,
                  AGED ABOUT 50 YEARS,


            3.    SRI. A.N. ANANDAPPA GOWDA,
                  S/O LATE SRI. K. NARASIMHE GOWDA,
                             -2-
                                         NC: 2024:KHC:47032
                                   CRL.RP No. 339 of 2022




     AGED ABOUT 48 YEARS,

     1 TO 3 ARE RESIDENTS OF
     ALISANDRA VILLAGE AND POST,
     BINDIGANAVILE HOBLI,
     NAGAMANGALA TALUK,
     MANDYA DISTRICT - 571 418.

4.   SMT. PREMA,
     D/O LATE SRI. K. NARASIMHE GOWDA,
     W/O SRI. RANGA RAMEGOWDA,
     AGED ABOUT 54 YEARS,
     R/AT KARADIGERE VILLAGE,
     MAYASANDRA HOBLI,
     TURUVEKERE TALUK,
     TUMKUR DISTRICT - 572 221.

5.   SMT. KAMALA,
     D/O LATE SRI. K. NARASIMHE GOWDA,
     W/O SRI. V.T. MAHALINGE GOWDA,
     AGED ABOUT 52 YEARS,
     R/O CHOTASAAB LAYOUT,
     CHIKKABANAVARA,
     BENGALURU - 560 090.

6.   SMT. PANKAJA,
     D/O LATE SRI. K. NARASIMHE GOWDA,
     W/O SRI N.K. LOKESH,
     AGED ABOUT 45 YEARS,
     R/AT NO. 35, MUNISWAMY GOWDA LAYOUT,
     HEBBAL, KEMPAPURA,
     BENGALURU - 560 024.
     RESPONDENT 1 TO 6 ARE REPRESENTED
     BY THEIR SPA HOLDER,

     SRI. A.N. GIRIJESH,
     S/O LATE SRI. K. NARASIMHE GOWDA,
     AGED ABOUT 42 YEARS,
     R/AT NO. 35, MUNISWAMY GOWDA LAYOUT,
     HEBBAL, KEMPAPURA,
     BENGALURU - 560 024.
                                -3-
                                             NC: 2024:KHC:47032
                                        CRL.RP No. 339 of 2022




                                                   ...RESPONDENTS
(BY SRI. R.B. SADASIVAPPA, ADVOCATE)
     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO a) SET ASIDE THE JUDGMENT DATED 07.10.2020
PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C.,
NAGAMANGALA IN C.C.NO.206/2015 AND JUDGMENT DATED
16.11.2021 PASSED BY THE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BENGALURU IN CRL.A.NO.27/2021 BY
ALLOWING THIS CRL.RP.

    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 the parties and their

respective Advocates. Joint memo reads as under:

"The undersigned begs to submit as follows:

1. The petitioner/accused has challenged the impugned judgment CC No.206/2015 dated 07.10.2020. Further, the impugned judgment in Crl.A.No.27/2021 dated 16.11.2021 by First Appellate Court.

2. During the pendency of the above petition it is brought on record that respondent/complainant is passed away. Hence, LR's are brought on record.

3. During the hearing of the above petition, the parties have agreed to settle the matter amicably. Hence this memo.

4. That the petitioner has agreed to pay the cheque amount of Rs.5,00,000/- on or before June 2025. Considering the fact that Rs.2,50,000/- is already collected by LR's of respondent by way getting release of deposited amount before Trial Judge. The remaining amount of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand) will be paid on or before June 2025 by way of installments.

NC: 2024:KHC:47032

5. The parties to the lis prays in view of the settlement is prayed to set aside the impugned judgments and permit to compound the matter among the parties, in the interest of justice.

6. The parties have settled the matter without any duress. Hence, the memo may be accepted in the interest of justice."

Placing the joint memo on record, revision petition stands

disposed of.

However, it is made clear that if the amount is not paid

as agreed in the joint memo, order of the learned Trial

Magistrate confirmed by the First Appellate Court stands

restored automatically.

If the amount of compensation as agreed in the joint

memo is paid, fine amount in a sum of Rs.5,000/- imposed by

the learned Trial Magistrate confirmed by the First Appellate

Court towards defraying expenses of the State stands set aside.

Sd/-

(V SRISHANANDA) JUDGE

KAV List No.: 1 Sl No.: 106/CT: BHK