IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL REVISION PETITION NO.441 OF 2017 BETWEEN:
1. M.S.ASHOK, S/O M.S.SATHYANARAYANA, AGED 45 YEARS, OCCUPATION: AGRICULTURE, RESIDING AT RUKMALAYA, OLD SBM ROAD, CHIKMAGALUR – 577 101.
2. M.S.SATHYANARAYANA, S/O LATE SRINIVASA SHETTY, AGED 70 YEARS, OCCUPATION: AGRICULTURE, RESIDING AT RUKMALAYA, OLD SBM ROAD, CHIKMAGALUR – 577 101.
3. SMT.M.S.VIJAYALAKSHMI, W/O M.S.SATHYANARAYANA, AGED 65 YEARS, OCCUPATION: HOUSEHOLD WORK, RESIDING AT RUKMALAYA, OLD SBM ROAD, CHIKMAGALUR – 577 101.
4. SMT.PADMAJA, D/O M.S.SATHYANARAYANA, AGED 43 YEARS, OCCUPATION: HOUSEHOLD WORK, RESIDING AT RUKMALAYA, OLD SBM ROAD, CHIKMAGALUR – 577 101.
(BY SRI.P.PRASANNA KUMAR, ADVOCATE) AND:
SMT.BHARATHI @ ACHALA H.K., W/O M.S.ASHOK KUMAR, AGED 37 YEARS, C/O ABISHEK H.K., NO.171/1, CHIRANJEEVI RESIDENCY, 12TH ‘A’ CROSS, J.P.NAGAR, 1ST PHASE, BENGALURU – 560 078.
... PETITIONERS ... RESPONDENT (BY SRI.N.SRIRAM REDDY, ADVOCATE (ABSENT)) THIS CRL.R.P IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.01.2017 PASSED BY THE LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE THEREBY DISMISSING THE CRL.A.NO.435/2015 FILED BY THE PETITIONERS AND CONFIRMING THE JUDGMENT AND ORDER DATED 12.03.2015 PASSED BY THE M.M.T.C. – II, BANGALORE IN CRL.MISC.NO.274/2012 AWARDING MAINTENANCE A SUM OF RS.9,000/- PER MONTH TO THE RESPONDENT HEREIN AND CONSEQUENTLY ALLOW THE PRESENT REVISION PETITION ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER Petitioner No.1- Sri. M.S. Ashok, son of M.S.Sathyanarayana and Sri. P.Prasanna Kumar, learned counsel for the petitioners are present before the court. However, petitioner Nos.2 and 4 are not present before the Court..
2. Learned counsel for respondent is absent.
Respondent -Smt. Bharathi @ Achala H.K, wife of Sri. M.S. Ashok is present before the Court.
3. Learned counsel for petitioner has filed an application under Section 482 of Cr.P.C. along with the affidavits of petitioner No.1 and the respondent.
4. In Para -6 of both the affidavits, it is stated that at the intervention of elders and well-wishers, petitioner No.1 and respondent have settled the Matrimonial Cases on the file of the VI Addl. Principal Judge Family Court, Bengaluru and accordingly a Memorandum of Settlement has been entered into between them on 16/10/2019. Under the said circumstances, petitioner has agreed to pay permanent alimony of Rs.13,75,000/- to the respondent and the respondent has agreed to accept the same in full and final settlement and has agreed for dissolution of the marriage.
5. The said application is placed on record.
6. In terms of the agreement entered into between the parties, the present revision is disposed of as settled out of Court..
Sd/- JUDGE Msu