Citation : 2025 Latest Caselaw 9521 Kant
Judgement Date : 29 October, 2025
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CRL.RP No. 1467 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 1467 OF 2025
BETWEEN:
SMT. SUDHARANI
AGED ABOUT 35 YEARS,
D/O MUNIYAPPA,
R/OF BANNIKUPPE VILLAGE,
AGALAGURKI POST,
CHIKKABALLPAURA TALUK
AND DISTRICT,
ALSO R/AT NO.364,
TRACTOR MECHANIC FAIROZ BUILDING
IDMCT LAYOUT,
BEHIND METRIC GIRLS COLLEGE
AND NARENDRA BABU HOUSE,
WARD NO.6, DINNE HOSAHALLI ROAD,
CHIKKABALLAPURA DISTRICT - 562 101.
...PETITIONER
(BY SRI PARIKSHIT S.S., ADVOCATE A/W
SRI KARTHIK N., ADVOCATE)
AND:
SRI GANGAPPA,
Digitally signed by
AGED ABOUT 46 YEARS,
GEETHAKUMARI
R/AT NALLAKIDERANAHALLI VILLAGE,
PARLATTAYA S
CHIKKABALLAPURA TALUK
Location: High AND DISTRICT - 561 211.
Court of Karnataka ...RESPONDENT
(BY SMT. JAYANTHI M.S., ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S
438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE JUDGMENT DATED 23.8.2025, PASSED BY I ADDL.DIST AND
SESSIONS JUDGE, CHIKKABALLAPURA, IN CRL.A NO.8/2025 AND
ALSO THE JUDGMENT DATED 24.12.2024 PASSED BY PRL.SENIOR
CIVIL JUDGE AND CJM, CHIKKABALLAPURA, IN CC NO.435/2023
WHEREIN THE PETITIONER WAS CONVICTED FOR THE O/PU/S 138
OF N.I ACT BY ACQUITTING THE PETITIONER.
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CRL.RP No. 1467 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 23.08.2025 passed by I
Addl. District & Sessions Judge, Chikkaballapura, in
Crl.A.no.8/2025 confirming judgment of conviction and order of
sentence dated 24.12.2024 passed by Prl. Senior Civil Judge
and CJM, Chikkaballapura, in C.C.no.435/2023, this revision
petition is filed.
2. It was jointly submitted by learned counsel for both
parties that during pendency of revision petition, parties have
entered into settlement, wherein petitioner/accused is agreed
to pay Rs.4,50,000/- in full and final settlement of respondent/
complainant's claim. It is agreed between parties that demand
draft no.446416 dated 27.10.2025, drawn on Union Bank of
India, in name of respondent/complainant is handed over to
him and remaining amount of Rs.1,00,000/- stated to be
deposited before I Addl. District & Sessions Judge,
Chikkaballapura, in Crl.A.no.8/2025 and petitioner/accused has
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no objection for respondent/complainant to withdraw same.
Receipt of demand draft is acknowledged by respondent.
3. Terms of compromise reads as under:
"1. The Petitioner has filed this petition challenging the judgment dated 23/08/2025, by I Addl. District and Session Judge, Chikkaballapura in Crl. Appeal No. 8/2025 and also in Judgment dated 24/12/2024 passed by Prl. Senior Civil Judge and CJM, Chikkaballapura, in C.C. No. 435/2023.
2. Now the Petitioner and Respondent have arrived a compromise on the following terms.
a) As per compromise arrived between the Petitioner and Respondent, the matter has been settled for ₹4,50,000/-
b) Out of ₹ 4,50,000/- the Petitioner is herewith paying 3,50,000/- today by way of Demand Draft dated 27/10/2025 bearing no.
446416 drawn on Union Bank of India.
c) With respect to remaining 1,00,000/-, the Respondent may kindly be permitted to withdraw the amount of ₹ 1,00,000/- which is deposited before I Addl. District and Session Judge, Chikkaballapura in Crl. Appeal No. 8/2025 and the petitioner has no objection for withdrawing the same.
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d) The Respondent agrees that he has no further claim and due from the Petitioner and they have entered this compromise on their own will without any coercion or influence.
e) The Petitioner and Respondent withdraws all allegations made against them and the Respondent is not having any objection to allow the above petition.
f) The Petitioner and Respondent agrees that in terms of above terms the above criminal petition may be disposed.
Wherefore, it is prayed that, this Hon'ble Court may kindly be pleased to allow this petition as prayed in the interest of justice and equity".
4. Petitioner as well as respondent are present and
identified by their counsel respectively. On interaction, they
stated that terms of compromise were explained and after
understanding same, affirmed it out their free will and volition
without there being any threat, coercion or undue influence
from anybody and same is duly signed by both parties, whose
signatures are identified by their respective counsel.
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5. I have perused terms of compromise and same are
found to be lawful and same is accepted and taken on record.
Consequently, Revision petition is allowed to extent and
in terms of compromise; judgments 23.08.2025 passed by I
Addl. District & Sessions Judge, Chikkaballapura, in
Crl.A.no.8/2025 confirming judgment of conviction and order of
sentence dated 24.12.2024 passed by Prl. Senior Civil Judge
and CJM, Chikkaballapura, in C.C.no.435/2023, are set aside.
Sd/-
(RAVI V HOSMANI) JUDGE
Psg*
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