Karnataka High Court
K Saroja W/O. K. P. Obaiah vs K Jyothi W/O. K. Shantha Kumar on 28 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2025:KHC-D:5756
CRL.RP No. 100379 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100379 OF 2023
(397(Cr.PC)/438(BNSS))
BETWEEN:
K. SAROJA W/O. K. P. OBAIAH,
AGE: 76 YEARS, OCC. HOUSEHOLD,
R/O. LITTLE FLOWERS HIGH SCHOOL,
OPPOSITE TO P AND T QUARTERS,
T. B. SANATORIUM ROAD, CANTONMENT,
DIST. BALLARI-583102.
...PETITIONER
(BY SRI SHIVA SHIRUR, ADVOCATE)
AND:
K. JYOTHI W/O. K. SHANTHA KUMAR,
AGE: 51YEARS, OCC. HOUSEHOLD,
R/O. HOUSE NO.13A, DEEPU NILAYA,
Digitally
signed by V
BANDIHATTI ROAD, OPP. GOLDSMITH COLONY,
N BADIGER
VN
BADIGER Date:
2025.03.29
MUNCIPAL COLONY, BALLARI-583102.
12:03:12
+0530 ...RESPONDENT
(BY SRI MAHESH WADEYAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE
COURTS BELOW AND FURTHER ALLOW THE REVISION PETITION BY
SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION
PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE,
(COMMERCIAL COURT) AT BALLARI, IN CRL. APPL. NO. 47/2022
VIDE ITS ORDER DATED 25.08.2022, AND THE JUDGMENT AND
ORDER OF CONVICTION PASSED BY THE II ADDL. CIVIL JUDGE AND
J.M.F.C AT BALLARI IN C.C.NO. 687/2015, VIDE ITS ORDER DATED
06.01.2022 AND ACQUIT THE PETITIONER.
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NC: 2025:KHC-D:5756
CRL.RP No. 100379 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Parties are present with respective Advocates and
they present a joint memo. Joint memo reads as under:
"That, the son of the Rev Petitioner Namely
Shamkishor and respondent jointly submits as under
That, with the intervention of elders and well
wishers, the parties to the lis have entered into joint
memo as below.
1. That, the son of R.Petitioner has deposited
Rs. 2,40,000/- before the trail court and respondent
has already withdrawn the same.
2. That, the Son of Rev Petitioner hereby
undertakes to pay remaining balance amount of
Rs.3,60,000/- within 6 months from today.
That, the Son of rev petitioner and respondent
hereby agreed to the above mentioned terms, and
the same may kindly be taken on record and the top
noted Petition may be disposed off in terms of this
memo."
Placing the joint memo on record, revision petition
stands disposed of.
It is made clear that amount as agreed in the joint
memo if not paid by the revision petitioner, order of the
NC: 2025:KHC-D:5756
learned Trial Magistrate confirmed by the First Appellate
Court stands restored automatically and respondent is at
liberty to execute the impugned order.
Amount in deposit is ordered to be withdrawn by the
complainant under due identification.
After payment of entire compensation amount, fine
amount of Rs.10,000/- 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
CT:PA
