IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.1012 OF 2016 BETWEEN:
SRI. NAVEEN KUMAR A.V. S/O. K.V. VENKATAREDDY, AGED ABOUT 39 YEARS, R/AT APPEGOWDANAHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA, PIN CODE : 562 105.
... PETITIONER (BY SRI. KALYAN R., ADV.) AND:
SMT. SHUBHA T.
W/O. NAVEEN KUMAR A.V. D/O. THAMMANNA, AGED ABOUT 26 YEARS, R/AT APPEGOWDANAHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA, PIN CODE : 562 105.
(BY SRI. K. ANANDA, ADV.) ... RESPONDENT THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDER DATED 04.07.2016 IN CRL. A. NO.33/2016 AND 34/2016 PASSED BY THE II ADDL. DIST. AND S.J. CHIKKABALLAPURA, (SITTING AT CHINTAMANI) BY ALLOWING THE APPEAL NO.33/2016 AND CONSEQUENTLY TO SET ASIDE THE IMPUGNED ORDER DATED 14.10.2015 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT SIDLAGHATTA IN CRL. MISC. NO.76/2016.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Both the parties and the learned counsel are present. They have filed the certified copy of the order sheet in MC No.3/2015 pending on the file of the Prl. Senior Civil Judge and CJM, Chikkaballapur and submit that the matrimonial case filed by the husband was dismissed vide Order dated 13.04.2017 in view of the memo moved by him.
2. A joint memo dated 12.04.2017 has been filed by the parties, which reads thus ;
“WE:
(1) Naveen Kumar, S/o. Venkatareddy, aged about 38 years, R/at No: Appegowdanahalli Village, Shidlaghatta Taluk, today at Bangalore, AND (2) Shubha T., W/o. Naveen Kumar, aged about 28 years, R/at No.Appegowdanahalli Village, Shidlaghatta Taluk, today at Bangalore (3) Do hereby solemnly affirm and state on oath as follows:
1. We, the first deponent is the petitioner, and 2nd Deponent is the 2nd Respondent in the above case, we know facts of the case, and as we are compromising the above case, as such we are jointly swearing to this affidavit.
2. I the first deponent filed the above petition seeking for setting aside the order dated 04.07.2016 in Criminal Appeal No.34/2016 passed by the 2nd Additional District and Session Judge, Chikkaballapura (Sitting at Chintamani) and order dated 14.10.2015 in Crl. Misc. No.76/2015 passed by the Principal Civil Judge and JMFC at Siddlaghatta.
3. We the Deponents states that after filing of the above petition, at the intervention of the family members and well wishers of both families, all the dispute between we the deponents has been settled amicably and we both deponents are living happily together under one roof along with children and grand parents happily since then, and consequently have decided withdraw all the cases filed against each other.
4. In view of the settlement arrived between the Deponents, I the Second Deponent do not wish to continue the Proceedings initiated against the first Deponent herein, which is registered in Crl. Misc. No.76/2015 and I have no objection for setting aside the impugned order challenged herein. And further I shall also withdraw the case filed by me under Section 12 of Protection of Women from Domestic Violence Act, in Crl. Misc. No.76/2015 pending on the file of Principal Civil Judge and JMFC, Sidlaghatta.
5. We the deponents states that there is no coercion or undue influence is settling the case, but has been settled voluntarily with true intent and meaning, to live together happily and to lead a happy matrimonial life, and to end the disputes between us.
Wherefore, we the deponents humbly pray that this Hon’ble Court may be pleased to setting aside the Order dated 04.07.2016 passed in Criminal Appeal No.34/2016 passed by the 2nd Additional District and Session Judge Chikkaballapura (Sitting at Chintamani) and the order dated 14.10.2015 in Crl. Misc. No.76/2015 passed by the Principal Civil Judge and JMFC at Siddlaghatta, in the interest of justice.”
3. Accordingly, the revision petition stands disposed of in accordance with the terms of the joint memo.
The Trial Court is directed to disburse the amount of Rs.68,000/- deposited by the petitioner before the Trial Court in favour of both the parties.
Sd/- JUDGE snc