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.631/2019 BETWEEN:
Sahana W/o. Srinivasa, Aged about 43 years, R/o 4352, 2nd Main, 3rd Cross, Vivekananda Nagara, Chanapattana, Ramanagara District – 562 160.
... Petitioner (By Sri. B.V. Ananda, Advocate) AND:
Chandra, S/o. Late Ramesh, Aged about 50 years, R/o Rampura Village and Post, Chanapattana taluk, Ramanagara District – 562 160.
... Respondent (By Sri. Manjunath B.R., Advocate) This Crl.R.P. is filed U/S.397 R/W Section 401 of Cr.P.C., praying to (a) Set aside the impugned order of conviction dated 28.02.2017 in C.C. No.1127/2012 on the file of the learned Principal Civil Judge and JMFC, Channapatana produced at Annexure – A and also set aside the order in Crl.A. No.9/2017 dated 04.01.2019 on the file of the Principal District and Sessions Judge, Ramanagara produced at Annexure – B. (b) To dismiss the complaint filed by the respondent in C.C. No.1127/2017 on the file of the Principal Civil Judge and JMFC, Channapatana.
This Criminal Revision Petition coming on for orders, this day, the Court made the following:
O R D E R The petitioner/accused - Smt. Sahana W/o. Srinivasa present along with her counsel and also the respondent/complainant – Chandra S/o. Late Ramaiah is present along with his counsel. Today, they have filed a joint memo for having amicably settled the matter and compounded the offences. They submit that they have compromised the matter voluntarily without there being any force or fraud.
2. It is stated in the joint memo that the petitioner/accused has paid Rs.50,000/- on 24.04.2017 and another sum of Rs.50,000/- has been paid on 04.05.2019. The respondent – complainant admits that he has received Rs.1,00,000/- from the petitioner/accused. It is further stated that the petitioner/accused has deposited an amount of Rs.1,00,000/- before this Court on 20.05.2019 through Demand Draft No.002347 dated 20.05.2019 and she has no objection to pay Rs.80,000/-, which is due to the respondent/complainant.
3. It is further stated that out of the said Rs.1,00,000/-, remaining Rs.20,000/- has to be paid to the petitioner/accused. It is further agreed that the respondent/complainant has agreed to settle the matter for full and final settlement for a sum of Rs.1,80,000/- and he has no objection to allow the petition and to acquit the petitioner/accused.
4. The said joint memo is taken on record.
5. In terms of the compromise entered into between the parties, the criminal revision petition is allowed and the judgment of conviction and order of sentence passed by the Court of the Principal Civil Judge and JMFC at Channapatna in C.C. No.1127/2012 dated 28.02.2017 subsequently, confirmed by the Court of the Principal District and Sessions Judge, Ramanagara in Crl. A. No.9/2017 dated 04.01.2019 are hereby set aside and the petitioner/accused is acquitted of the charges.
6. Registry is directed to release an amount of Rs.80,000/- in favour of the respondent/complainant and remaining Rs.20,000/- in favour of the petitioner/accused on proper identification and acknowledgment.
VBS CT:RG Sd/- JUDGE