IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.417/2019 BETWEEN:
Sri Ashok Kumar S/o Brahma Suraiya Aged about 72 years Residing at No.5/6, 32nd Cross, Kumaraswamy Layout Bengaluru-560 078.
(By Sri A.V.Amarnathan, Advocate) AND:
Smt.Honnamma W/o Shawakhara Swamy Aged about 52 years Residing at No.1708, 50 Feet Road, Kumaraswamy Layout Bengaluru-560 078.
(By Sri Y.Hariprasad, Advocate) …Petitioner …Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the order passed in LXVII Additional City Civil and Sessions Judge, Bengaluru (CCH-68) dated 02.01.2019 in Criminal Appeal No.918/2016 and set aside the conviction order passed by the XVI ACMM, Bengaluru passed in C.C.No.24815/2015 dated 15.07.2016 and acquit the appellant/accused.
This Criminal Revision Petition coming on for Admission this day, the Court made the following:-
O R D E R On 24.10.2019 a Joint Memo has been filed, wherein, on that day petitioner-accused gave a Demand Draft for a sum of Rs.82,000/- and an amount of Rs.81,250/- was in deposit before the Court below and the said amount was ordered to be withdrawn by the respondent-complainant. Subsequently, an amount of Rs.70,000/- was paid on 12.11.2019 and on that day the petitioner-accused agreed to pay the remaining sum of Rs.92,000/- for full and final settlement of the case and in pursuance of the same, today the petitioner-accused has handed over the Demand Draft bearing No.659808 dated 16.12.2019 drawn on State Bank of India for a sum of Rs.92,000/- in favour of the respondent-complainant. The respondent-complainant acknowledges the same and she submits that she has no objection to acquit the petitioner-accused from the charges leveled against him.
2. Since already the matter has been settled and today the remaining amount of Rs.92,000/- has been paid to the respondent-complainant, in view of the compromise entered into between the parties, as per the Joint Memo filed already, the petition is allowed and the judgment of conviction and order of sentence passed by XVI Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.24815/2015 dated 15.7.2016, subsequently confirmed by LXVII Additional City Civil and Sessions Judge, Bengaluru, in Criminal Appeal No.918/2016 dated 2.1.2019 are set aside and petitioner-accused is acquitted of the charges leveled against him. Bail bands executed stands cancelled.
Sd/- JUDGE *AP/-