Sri. Anthony Kumar D vs Smt. Bhagyamma
2024 Latest Caselaw 27936 Kant

Karnataka High Court

Sri. Anthony Kumar D vs Smt. Bhagyamma on 21 November, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                      NC: 2024:KHC:47404
                                                  CRL.RP No. 161 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 21ST DAY OF NOVEMBER, 2024

                                      BEFORE

                    THE HON'BLE MR JUSTICE V SRISHANANDA

                  CRIMINAL REVISION PETITION NO. 161 OF 2016

            BETWEEN:

            1.    SRI. ANTHONY KUMAR D
                  S/O DAS,
                  AGED ABOUT 30 YEARS,
                  R/AT NO.261, 4TH CROSS,
                  OPP: FRIENDS COLONY,
                  ANDRAHALLI,
                  BANGALORE-560 091.
                                                           ...PETITIONER
            (BY SRI. RAJANNA C., ADVOCATE)
            AND:

            1.    SMT. BHAGYAMMA
                  W/O KEMPARAJU,
                  AGED 42 YEARS,
Digitally         R/AT NO.159,
signed by         ANDRAHALLI MAIN ROAD,
MALATESH          FRIENDS COLONY,
KC
                  BEHIND ROJA BAKERY,
Location:         HEGGANAHALLI,
HIGH
COURT OF          BANGALORE-91.
KARNATAKA                                                 ...RESPONDENT
            (BY SRI. PRADEEP NAIK K., ADVOCATE)


                 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
            TO SET ASIDE THE JUDGMENT DATED 10.01.2014 PASSED BY
            XII ADDL.C.M.M., BANGLAORE IN C.C.No.13879/2010 AND
            CONFIRMING THE ORDER PASSED BY THE LX ADDL. CITY CIVIL
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                                                   NC: 2024:KHC:47404
                                           CRL.RP No. 161 of 2016




AND SESSIONS JUDGE, BANGALORE CRL.A.No.87/2014 DATED
11.12.2015.

     THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                             ORAL ORDER

Joint memo is filed. Joint memo reads as under:

"The revision petitioner and the respondent agreed to settle the above matter for Rs.1,25,000/-. The petitioner already deposited a sum of Rs.75,000/- before the trial court. Remaining balance amount of Rs.50,000/- shall be paid in three instalments i.e., on

30.12.2024 - Rs.15,000/-

30.01.2025 - Rs.20,000/-

27.02.2025 - Rs.15,000/- by the petitioner to the respondent and the respondent agreed to receive the same. Hence, this memo in the interest of justice and equity."

2. Placing the joint memo on record, revision petition

stands disposed of.

3. If the compensation amount as agreed in the joint

memo is not paid, order of the learned Trial Magistrate,

NC: 2024:KHC:47404

confirmed by the First Appellate Court stands restored

automatically.

4. Amount in deposit is ordered to withdrawn by the

complainant under due identification.

5. After payment of entire compensation amount as

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

Magistrate, confirmed by the First Appellate Court, towards

defraying expenses stands set aside.

Sd/-

(V SRISHANANDA) JUDGE

MR,