IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.76/2019 BETWEEN:
SRI SANDEEP S/O SRI PUTTE GOWDA, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O HALEKOTE VILLAGE, BIDARAHALLI POST, MUDIGERE TALUK-577 201. ... PETITIONER (BY SRI. K.S.GANESHA, ADVOCATE) AND:
SRI RONALD NARONHA AGED ABOUT 45 YEARS, S/O SRI MORIS NARONHA, M/S. GALAXY ENGINEERING, WORKS, K M ROAD, MUDIGERE TOWN-577 201. ... RESPONDENT (BY SRI.G.R.ANANTHASWAMY, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W SECTION 401 OF CR.P.C., PRAYING TO THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 06.12.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.95/2017 AND ALSO SET ASIDE THE JUDGMENT DATED 29.06.2017, PASSED BY THE PRINCIPAL CIVIL JUDGTE AND JMFC, MUDIGERE IN C.C.NO.342/2014 IN CONVICTING THE PETITIONER AND DIRECT THAT THE PETITIONER BE ACQUITTED.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though this matter is listed for admission today, Sri G.R. Ananthaswamy, learned counsel files power to respondent-complainant.
2. Registry is directed to print his name in the cause-list.
3. Accused/Petitioner-Sandeep S/o Putte Gowda is present before this Court along with his counsel. Respondent/Complainant-Ronald Naronha is also present before this Court along with his counsel.
4. Today, both the parties have filed a Joint Memo dated 08.08.2017, reporting the amicable settlement entered in to between them. It is stated that the petitioner/accused has paid a sum of Rs.75,000/- to respondent and respondent also admits that he has received the said amount as full and final settlement in the issue.
5. Learned counsel for the respondent and complainant submits that they were not having any objections to allow the petition and setting aside the impugned orders passed by both the courts below, since both the parties are amicably settled the matter and respondent-complainant is also acknowledged the receipt of amount of Rs.75,000/-.
5. The said memo is placed on record.
6. Under such circumstances, I feel that the same may be accepted and petition filed against the order passed by the Principal Civil Judge and JMFC, Mudigere in C.C.No.342/2014 dated 29.06.2017 and subsequently confirmed by II Additional District & Sessions Judge, Chikkamagaluru in Crl.Appeal.No.95/2017 dated 06.12.2018 are set aside. Accordingly, petition is allowed and petitioner/accused is acquitted.
Sd/- JUDGE HA/-