IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION NO.1365/2015 BETWEEN Sri Ranjit Kumar Lall Aged about 54 years Residing at No.1273 H.S.R. Layout, Sector – VII 18th Cross, 5th Main Bengaluru – 560 034.
(By Sri. Sanjay Yadav .B, Advocate for M/s Mahesh .S & Co.,) AND Smt. Mousumi Mukharjee Lall Wife of Ranjit Kumar Lall Aged about 48 years Reisiding at No.1273 H.S.R. Layout, Secotr-VII 18th Cross, 5th Main Bengaluru – 560 034.
(By Sri. M. Vishwajith Rai, Advocate) ... Petitioner ... Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to, set-aside the judgment and order dated 28.02.2015 in Crl.A.No.25057/2013 passed by the learned Additional Sessions Judge, Fast Track Court-III, Mayohall, Bengaluru, modifying the order dated 13.02.2013 passed by the learned 1st M.M.T.C. Magistrate, at Bengaluru in Crl.Misc.No.45/2008.
This Criminal Revision Petition Coming on for Admission, this day, the court made the following:
ORDER Learned counsel for the petitioner has filed a memo along with a copy of joint memo filed in MFA No.7545/2014 and copy of the judgment dated 17.07.2019 rendered by this Court in MFA No.7832/2014 c/w MFA No.7545/2014 and submits that the present petition may be disposed of as settled out of court.
The memo reads as under:
1. It is submitted that the petitioner and the respondent are husband and wife and are living separately since December 2008. The respondent wife had initiated proceedings under the Protection of Women from Domestic Violence Act seeking maintenance from petitioner husband.
2. It is submitted that the petitioner had filed the above petition being aggrieved by the Order dated 28/02/2015 passed by the learned Sessions Judge at FTC 3, Mayo Hall Bangalore wherein the petitioner was directed to pay monthly maintenance of Rs.35,000/- to the respondent.
3. It is submitted that during the pendency of the above case, the petitioner and the respondent negotiated a settlement out of court and agreed to dissolve their marriage and reported the said settlement before the division bench of this Hon’ble Court in MFA 7832/2014 c/w MFA 7545/2014 and also filed joint memo with regard to the settlement. In terms of the joint memo, the petitioner has paid an amount of Rs.40,00,000/- (Rupees Forty Lakhs Only) by way of Demand Draft to the respondent before the Division Bench of this Hon’ble Court and the same has been acknowledged by the respondent. A copy of the Joint Memo filed in MFA 7545/2014 is produced herewith for kind perusal of this Hon’ble Court.
4. It is submitted that in the Judgment of the Division Bench of this Hon’ble Court in MFA 7832/2014 c/w MFA 7545/2014 at para no.7 in page no.11 at clause b) it has been agreed that this petition shall disposed off as out of court. A Copy of the Judgment of this Hon’ble Court in MFA 7832/2014 c/w MFA 7545/2014 is produced herewith for kind perusal of this Hon’ble Court.
5. It is submitted that in view of the settlement between the parties in this petition and the marriage between the parties having been dissolved by mutual consent on account of settlement between parties and the judgment of this Hon’ble Court in MFA 7832/2014 c/w MFA 7545/2014, it is prayed that this Hon’ble Court be pleased to dispose of this petition as settled out of court.
The memo is placed on record. Accordingly, the criminal revision petition is disposed off in terms of the memo.
DKB Sd/- JUDGE