C K Devaiah @ Dore vs State Of Karnataka
2025 Latest Caselaw 4370 Kant

Karnataka High Court

C K Devaiah @ Dore vs State Of Karnataka on 24 February, 2025

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                                                            NC: 2025:KHC:8143
                                                       CRL.RP No. 662 of 2020




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 24TH DAY OF FEBRUARY, 2025
                                          BEFORE
                           THE HON'BLE MR JUSTICE S RACHAIAH
                      CRIMINAL REVISION PETITION NO. 662 OF 2020
                   BETWEEN:

                      C K DEVAIAH @ DORE
                      AGED ABOUT 33 YEARS
                      S/O C M KUSHALAPPA
                      R/AT NO. 6, 5TH CROSS
                      GANESHA BLOCK, R T NAGAR
                      BENGALURU - 560 032.

                                                                ...PETITIONER
                   (BY SRI. M R C MANOHAR, ADVOCATE)

                   AND:

                      STATE OF KARNATAKA
                      BY CYBER CRIME POLICE STATION
                      BENGALURU
                      REP BY ITS STATE PUBLIC PROSECUTOR
                      HIGH COURT COMPLEX
Digitally signed
by NARAYANA
                      BENGALURU - 560 001.
UMA
Location: HIGH
COURT OF                                                       ...RESPONDENT
KARNATAKA          (BY SRI. K NAGESHWARAPPA, HCGP)

                         THIS CRL.RP FILED U/S 397 R/W 401 PRAYING TO SET
                   ASIDE THE JUDGMENT AND ORDER DATED 30.09.2020 PASSED
                   BY LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
                   BENGALURU (CCH-52) IN CRL.A.NO.1802/2019 DISMISSING
                   THE SAME AND CONFIRMING THE JUDGMENT AND ORDER
                   DATED 08.08.2019 PASSED BY THE I A.C.M.M., AT BENGALURU
                   IN C.C.NO.22668/2012 AND ETC.,

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                   ORDER WAS MADE THEREIN AS UNDER:
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                                                 NC: 2025:KHC:8143
                                          CRL.RP No. 662 of 2020




CORAM:     HON'BLE MR JUSTICE S RACHAIAH

                         ORAL ORDER

1. Heard Sri.M.R.C.Manohar, learned counsel for petitioner

and Sri.K.Nageshwarappa, learned High Court

Government Pleader for the respondent - State.

2. Today, the matter is listed for admission. The learned

counsel for the petitioner and the de-facto complainant

have filed an application under Sections 320 read with

397 r/w 401 of the Code of Criminal Procedure (for short

'Cr.P.C') along with joint affidavit seeking to dispose of

the Criminal Revision Petition in terms of settlement. The

same are taken on record.

3. The petitioner and the complainant are present and are

identified by their respective counsels. The application

and joint affidavit for settlement is duly signed by the

de-facto complainant, petitioner and their respective

counsels. The contents of the joint affidavit read thus:

"JOINT AFFIDAVIT

We, C.K.Devaiah @ Dore, aged about 47 years, S/o.C.M.Kushalappa. R/at No.6, 5th Cross, Ganesha Block, R.T.Nagar, Bengaluru-560 032

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AND Smt. Thanuja P.C, aged about 55 years, W/o Chinnappa P.B, R/at F-2, PSR Garden, 4th Main, Ganganagar, R.T Nagar, Bengaluru-560032, do hereby solemnly affirm and state on oath as follows:-

1. We submit that, C.K.Devaiah @ Dore is the Petitioner/Accused in the above case & Smt. Thanuja P.C is the De-facto Complainant /Informant in the above case and we swear to this Joint Affidavit.

2. We submit that, on, 21/06/2011 the De-facto Complainant/Informant, Smt. Thanuja P.C w/o P.B Chinappa has filed a Complaint before the Superintendent of Police, Cyber Crime Police Station, CID, Palace Road, Bengaluru. Based on the above Complaint, the Respondent Police have registered a case in Cr. No. 18/2011 under Section 66(A) of Information Technology Act, against me.

3. We submit that, Respondent police after concluding the Investigation have filed the Charge-

sheet in C.C No. 22668/2012 before the I Additional Chief Metropolitan Magistrate Court, At Bengaluru for the offence punishable under section 67(A) of I.T Act.

4. We submit that, the learned I ACMM, Bengaluru has convicted the Petitioner in C.C No. 22668/2012, for the offence punishable under

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section 67(A) of I.T Act & sentenced me to undergo Simple Imprisonment for 2 years & pay a fine of Rs.25,000/- & in default to pay the fine amount, the Petitioner shall undergo simple Imprisonment for a period of 60 days. Acting under Section 357 of the Code of Criminal Procedure, the Complainant/CW-1 is awarded a compensation of Rs.20,000/-, out of the total fine of Rs.25,000/- vide Judgment dated 08/08/2019.

5. That, the Petitioner being aggrieved by the Judgment and Sentence of the Trial Court has preferred an Appeal before the LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU(CCH-52) in Crl.A No. 1802/2019. The learned Session Judge was pleased to dismiss the Appeal filed by the Petitioner by confirming the Judgment and Order of Conviction dated 08/08/2019 passed by the I ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE COURT, AT BENGALURU in C.C No. 22668/2012, vide Judgement dated 30/09/2020.

6. That, the Petitioner/myself being aggrieved by the Judgments of the Trial Court & the first Appellate Court, has preferred this Criminal Revision Petition, to set-aside the Judgments of Trial Court & the first Appellate Court.

7. We submit that, the De-facto Complainant/Informant has agreed to withdraw all

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the cases filed against the Petitioner including the above case.

8. We submit that, the De-facto Complainant/Informant had filed a Complaint against the Petitioner before the Respondent Police and after due deliberations and advises from well- wishers, relatives, friends, the De-facto Complainant/Informant has decided not to further prosecute the above case. Further, WE both have decided to terminate the allegations that have been made against each-others for our individual/personal peaceful and happy life to be led in future, as we both belong to the same community as well.

9. We submit that, the De-facto Complainant/Informant is well educated and is a home-maker, married & having grown-up children. She is a major even during the Complaint made to the Respondent police. She has no compulsion, harassment, threat. coercion and undue influence from any direction or corner to close the case once for all. That, myself/Petitioner has married In Jan, 2024 & I am leading a harmonious matrimonial life. We submit that, both the parties are not interested to continue the litigation & we intend to give a quietus to the above litigation & lead a happy life ahead.

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10. We submit that, this Joint Affidavit, is being filed on our own accord and free will, not at the behest of any persons, coercion, threat or any other extraordinary interest in seeking to close the case once for all & we have decided to lead our peaceful happy life independently.

11. We submit that, the De-facto Complainant/Informant has no objection to set aside the Judgment dt: 30/09/2020 passed by the LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-52) in Crl.A No. 1802/2019, in confirming the Judgment and Order dated 08/08/2019 passed by the I Additional Chief Metropolitan Magistrate Court, At Bengaluru in C.CNo.22668/2012.

12. We submit that, herein-after we do not have any rights, claims, grievance against each other. We both have family members, relatives etc., and they have also agreed not to indulge in filing further cases, claims etc., against each-others in the above circumstance.

13. If this application is not allowed, we will be put to great hardship, injury and mental agony, that apart leading to multiplicity of proceedings which consume lot of judicial time.

Whereas, no prejudice will be caused to the prosecution if the same is allowed.