IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION NO.292/2011 BETWEEN :
Avinash Gomes S/o Lawrence Aged about 34 years R/at Joseph Nagar, Sagar Town, Shivamogga District.
(By Smt. Manjula D., Advocate for Sri L.Srinivasa Babu, Advocate) AND :
Smt. P.R.Susheelamma W/o Basavaraj Aged about 60 years R/at Sri Skanda Nilaya Nehru Nagar, Sagar Town, Shivamogga District.
(By Sri S.V.Prakash, Advocate) … Petitioner … Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the judgment dated 05.01.2011, passed by the Presiding Officer, Fast Track Court, Sagar, in Criminal Appeal No.76/2007 and order dated 02.07.2007, passed by the Prl. Civil Judge (Jr. Dn.) and JMFC, Sagar, in C.C.No.15/2006 (C.C.No.1472/2004) This Criminal Revision Petition coming on for orders this day, the Court made the following:-
O R D E R Petitioner–accused, Avinash Gomes, S/o. Lawrence, and the respondent-complainant, Smt.P.R.Susheelamma, W/o.Basavaraj are present along with their respective counsel.
2. Today, they have filed the compromise petition under Section 320 of Cr.P.C. read with Section 147 of N.I.Act. It is submitted by both the parties that they have amicably settled the matter for a sum of Rs.3,00,000/- and the said compromise is neither forceful nor under influence. It is further submitted that the said amount of Rs.3,00,000/- is for full and final settlement as against Rs.3,75,000/-. It is further agreed in the said compromise that the petitioner-accused has already deposited an amount of Rs.1,75,000/- before trial Court and he has no objection to withdraw the same by the respondent-complainant. It is further stated that today an amount of Rs.1,25,000/- (Rupees one lakh twenty-five thousand only) is paid to the respondent- complainant by cash. The respondent-complainant who is present before the Court receives the cash of Rs.1,25,000/- and acknowledges the same. The complainant further submits that they have entered into the said settlement amicably and she has no objection to acquit the accused for the offence alleged against him. The said compromise petition is signed by both the parties and endorsed by their counsel. The said compromise petition is accepted and the same is taken on record.
Petition is allowed in terms of the compromise entered into between the parties. The judgment passed by the Principal Civil Judge (Jr.Dn.) and JMFC, Sagar in C.C.No.15/06 (C.C.1472/04), dated 02.07.2007, confirmed in Criminal Appeal No.76/2007 by the Fast Track Court, Sagar, dated 05.01.2011 is set aside and accused-petitioner herein is acquitted of the charges levelled against him.
The trial Court is hereby directed to pay Rs.1,75,000/- to the respondent-complainant on proper identification and acknowledgment.
Registry is directed to send back the LCRs, forthwith.
Sd/- JUDGE *ck/-