IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.7/2019 BETWEEN:
R.Jagadish S/o Ramaiah Aged about 37 years R/at Kasvi Palya Gankallu Post, Bidadi Hobli Ramanagaram Taluk & District-562 109.
(By Sri Girish D.M., Advocate) AND:
Sri Devaraju S/o Hanumaiah Aged about 45 years R/a No.1143/75 Naganakatte Ijoor, Ramanagaram-562 159.
(By Sri Srinivasa M.G., Advocate) …Petitioner …Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the impugned order of dismissal for non prosecution in Criminal Appeal No.453/2017 vide dated 30.11.2018, passed by Hon’ble Principal City Civil and Sessions Judge (CCH-57) at Bengaluru, in C.C.No.26703/2015 of conviction and sentence order dated 03.03.2017 passed by the Hon’lbe XIII ACMM at Bengaluru by allowing this Revision Petition and thereby restore the Criminal Appeal No.453/2017 for fresh consideration.
This Criminal Revision Petition coming on for Admission, this day the Court made the following:-
O R D E R Sri R.Jagadish S/o Ramaiah petitioner-accused and Sri.Devaraju S/o Hanumaiah along with their counsel are present before the Court and have filed a joint memo for having settled the matter amicably between the parties.
2. As per the said memo petitioner has greed to pay a sum of Rs.1,50,000/- in full and final settlement and respondent has agreed to receive the same. In pursuance of the said agreement, today an amount of Rs.1,50,000/- has been paid by cash before this Court to the respondent- complainant and respondent has acknowledges the same.
3. The respondent-complainant submits that an amount of Rs.32,250/- has been deposited by the petitioner-accused before the Court below and he has no objection to pay the said amount to the petitioner-accused. He further submits that he has no objection to allow the petition and to acquit the petitioner-accused.
4. The joint memo has been signed by both the petitioner-accused and the respondent-complainant and their respective counsel.
5. The said joint memo has been placed on record and in pursuance of the compromise entered into between the parties, the judgment of conviction and order of sentence passed by XIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.26703/2015 dated 3.3.2017 and subsequently confirmed the order by dismissing the appeal for default on the file of Principal City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.453/2017 dated 30.11.2018 are set aside and in terms of the compromise the petitioner-accused is acquitted of the charges leveled against him.
The Court below is directed to make payment of Rs.32,250/- to the petitioner-accused which is deposited by him on proper identification and acknowledgement.
Sd/- JUDGE *AP/-