IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.1158/2018 BETWEEN:
Ramegowda D.K. S/o. Kullegowda Aged about 53 years R/at. Mullur Road Ward No.17, Kanaka Nagara New Kalenahalli Extension K.R.Nagar Town Mysore District – 571 602. …Petitioner (By Sri. Basavaraja H.T., Advocate) AND:
Shamanth K.S.
S/o. Somashekara K.S.
29 years, R/at. Mullur Road Ward No.6, Kantenahalli K.R.Nagara Town Mysore District – 571 602. ...Respondent (By Smt. Bhavya H., Advocate) This Criminal Revision petition is filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgments of conviction and sentence dated 8.8.2016 passed by the Court of Senior Civil Judge and JMFC, Krishnaraja Nagar, in C.C.No.275/2016 and the Court of VIII Additional District and Sessions Judge at Mysore, sitting at Hunsur in Crl.A.No.169/2016 dated 8.3.2018, etc.
This Criminal Revision Petition coming on for Orders, this day, the Court made the following:
O R D E R Miss Bhavya H., files power for respondent – complainant.
2. Heard the learned counsel for the petitioner and the respondent on I.A.No.1/2018.
3. The said application has been filed by the learned counsel for the petitioner under Section 5 of the Limitation Act to condone the delay of 105 days in preferring the present Revision Petition. The said application is also accompanied with the affidavit of the petitioner – accused.
4. The learned counsel for the respondent submits that she has no objection to condone the delay.
5. By accepting the cause shown therein, I.A.No.1/18 is allowed and delay of 105 days in preferring the present Revision Petition has been condoned.
6. At this juncture, the learned counsels appearing for the parties have filed a joint memo reporting the settlement of the case between the parties amicably. The said joint memo has been signed by the petitioner – accused and the respondent – complainant, along with their counsels.
7. In the said memo, it is stated that, at the intervention of the well wishers, the matter has been amicably settled between the parties and the petitioner has agreed to pay an amount of Rs.1,00,000/- to the respondent and the respondent has also agreed to receive the sum in full and final settlement. It is submitted by the respondent, who is present before the Court, that in view of the settlement, he has already received Rs.50,000/- from the petitioner – accused and it is further submitted by the petitioner – accused, who is present before the Court, that an amount of Rs.50,000/- is in deposit before the court below and the same may be paid to the respondent – complainant, and he has no objection to acquit the petitioner – accused from the charges leveled against him.
8. The said memo is taken on record.
9. In view of the settlement arrived between the parties, the judgments of conviction and orders of sentence passed in C.C.No. 275/2016 dated 08.08.2016 passed by the Court of Senior Civil Judge and JMFC, Krishnaraja Nagar, and confirmed by the VIII Additional District and Sessions Judge at Mysore, sitting at Hunsur in Crl.A.No.169/2016 dated 08.03.2018 are set aside and the petitioner – accused is acquitted of the charges in the said case.
In terms of the compromise, the Revision Petition is disposed of.
Trial Court is directed to release an amount of Rs.50,000/- deposited by petitioner – accused to respondent – complainant on proper identification an acknowledgement.
In view of disposal of the main matter, I.A.No.2/18 does not survive for consideration.
Sd/- JUDGE Mgn/-