Smt M P Shakunthala vs Smt Nethra H
2025 Latest Caselaw 5089 Kant

Citation : 2025 Latest Caselaw 5089 Kant
Judgement Date : 17 March, 2025

Karnataka High Court

Smt M P Shakunthala vs Smt Nethra H on 17 March, 2025

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                                                     NC: 2025:KHC:10918
                                                 CRL.RP No. 423 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 17TH DAY OF MARCH, 2025

                                     BEFORE
                        THE HON'BLE MS JUSTICE J.M.KHAZI
                 CRIMINAL REVISION PETITION NO. 423 OF 2023
             BETWEEN:

                 SMT. M.P. SHAKUNTHALA,
                 W/O. BASAVARAJU,
                 AGED ABOUT 48 YEARS,
                 R/AT PARISHRAMA,
                 RAMAMANDIRA BEEDHI,
                 3RD CROSS, HOSAHALLI,
                 MANDYA CITY,
                 MANDYA DISTRICT 571 401
                                                          ...PETITIONER
             (BY SRI. RAJA L., ADVOCATE)

             AND:

Digitally        SMT. NETHRA H.,
signed by        W/O. UDAY KUMAR,
REKHA R
                 AGED ABOUT 49 YEARS,
Location:
High Court       R/AT NO. 4798,
of               BASAVESHWARA ROAD,
Karnataka        N.R. MOHALLA,
                 MYSURU 570 007
                                                         ...RESPONDENT
             (BY SRI. ABHISHEK A., ADVOCATE)

                    THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C
             PRAYING     SET ASIDE THE JUDGMENT PASSED BY THE
             LEARNED I ADDL. DISTRICT AND        SESSIONS JUDGE AT
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                                              NC: 2025:KHC:10918
                                         CRL.RP No. 423 of 2023




MYSURU IN CRL. APPEAL NO.269/2022 DATED 31-01-2023
AND ALSO PASSED BY THE IX ADDL. CIVIL JUDGE AND J.M.F.C
MYSURU, AT MYSURU IN C.C.NO.935/2016 DATED 16-08-2022.

      THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MS JUSTICE J.M.KHAZI


                         ORAL ORDER

The petitioner and respondent and their respective

counsel are present.

2. A compromise petition is filed duly signed by

both petitioner and respondent and their respective

counsel under Section 147 of N.I Act.

3. It is submitted that the cheque amount is

Rs.3,50,000/-. The matter is settled for Rs.2,45,000/- out

of which Rs.1,75,000/- is already deposited and released

in favour of respondent/complainant. Today the petitioner

is issuing cheque for a sum of Rs.70,000/- and

respondent/complainant reports the same.

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4. As per paragraph No.7, the petitioner/accused

has agreed to withdraw the case in C.C. No.687/2017 filed

against the respondent/complainant.

5. The terms of the compromise reads as follows:

1. The petitioner herein has filed the above said Criminal Petition against the Respondent to set aside the judgment passed the learned 1st Additional District and Sessions Judge at Mysore in Criminal Appeal No.269/2022 dated 31.01.2023 and also passed by the IX Additional Civil Judge and JMFC Mysore in CC No.935/2016 dated 16.08.2022.

2. Now the petitioner and the Respondent have amicably settle the matter outside the Court on the advice of the elders and well-wishers.

3. Now the Petitioner and the Respondent have amicably settle the matter outside the Court for a total sum of Rs.2,45,000/- (Two Lakhs forty Five thousand Only).

4. The Respondent herein has already withdrawn the amount of Rs.1,75,000/- (One Lakhs Seventy Five Thousand Only) deposited by the Petitioner in the lower court.

5. Today the Petitioner has paid Rs.70,000/- (Seventy Thousand Only) through cheque No.000153 before this Hon'ble Court and the Respondent has acknowledged the

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receipt Rs.70,000/- (Seventy Thousand Only) from the Petitioner as full and final settlement and agreed to withdrawn the case.

6. The Respondent has no objection to set aside the judgment passed the learned 1st Additional District and Sessions Judge at Mysore in Criminal Appeal No.269/2022 dated 31.01.2023 and also passed by the IX Additional Civil Judge and JMFC Mysore in CC No.935/2016 dated 16.08.2022.

7. The Respondent herein has agreed to withdrawn the case filed against the Respondent in CC No.687/2017 on the file of II Additional Civil Judge and JMFC Mandya for the offence punishable under Section 341, 323, 504, 506 of IPC and the Petitioner herein has promised the Respondent that she will not prosecute the case against Respondent in the above said case based on this terms and conditions the Petitioner and the Respondent have agreed to settled their dispute amicably.

6. The terms and conditions of the compromise

petition are legal and equitable. Placing the joint memo on

record, the revision petition stand disposed of in terms

thereof.

7. In the light of the settlement entered into

between the parties, the following:

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ORDER

i. The petition is allowed.

ii. The impugned judgment and order dated

16.08.2022 in C.C.No.935/2016 on the file of

IX Additional Civil Judge and JMFC, Mysuru,

which is confirmed by the judgment and

order dated 31.01.2023 in

Crl.A.No.269/2022 on the file of I

Addl.District and Sessions Judge, Mysuru are

set aside.

iii. The petitioner/accused is acquitted for the

offence punishable under Section 138 of N.I

Act.

iv. However, it is made clear that if the amount

as agreed in the joint memo is not paid, the

order of the trial Court, which is confirmed

by the First Appellate Court stands restored

automatically and the

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respondent/complainant is at liberty to

proceed against the petitioner/accused in

accordance with law.