IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. A. PATIL CRIMINAL REVISION PETITION No.1456 OF 2019 Between:
E Nagaraja s/o Eranna Aged about 38 years r/a Gowrasamudra Majire Hosur Village, Talak Hobli Challakere Taluk Chitradurga District – 577101. ... Petitioner (By Sri Shekarappa, Advocate) And:
R C Nataraja s/o R Channappa Aged about 35 years Agriculturist r/a Hirehalli village Challakere Taluk Chitradurga District-577101. ... Respondent (By Sri Harinath T S, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C praying to set aside the judgment and sentence dated 21.2.2014 passed by the Civil Judge and JMFC, Molakalmuru in CC No.690/2012 and set aside the judgment and sentence dated 17.8.2019 passed by the Principal District and Sessions Judge, Chitradurga in Crl.A No.22/2014.
This Criminal Revision Petition is coming on for orders this day, the court made the following:-
O R D E R Learned counsel, Sri Harinath T S, has filed vakalath on behalf of respondent.
2. Though this case is listed for compliance of office objections, learned counsel appearing for the parties submit that the matter has been amicably settled between the parties and respondent/complainant has no objection to allow the petition and to set aside the judgment and sentence and acquit the accused.
3. Today, respondent/complainant, Sri R C Nataraja s/o R Channappa is present before Court along with his counsel.
4. Learned counsel for the petitioner/accused submits that the petitioner/accused is in custody and the matter has been amicably settled.
Respondent/complainant has filed an affidavit to the effect that, he has received Rs.1,60,000/- as full and final settlement of the said case. He has no objection to allow the petition and to set aside the judgment of conviction and sentence and acquit the petitioner/accused.
5. The office objections are not coming in the way of recording the compromise. In that light, the office objections are over-ruled. The affidavit filed by the respondent/ complainant is taken on record.
6. In terms of the compromise, petition is allowed and the judgment of conviction and sentence dated 21.2.2014 passed in CC No.690/2012 by the Civil Judge and JMFC, Molakalmuru and subsequently confirmed by the Principal District and Sessions Judge, Chitradurga in Crl.A No.22/2014 dated 17.8.2019 are set aside. The petitioner/accused is acquitted of the charges leveled against him in this case.
Registry is directed to intimate the Jail Authority to release the petitioner/accused forthwith, if he is not required in any other case.
Sd/- JUDGE Bkm