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2019 DIGILAW 1288 (KAR)

Shreedhar Rao S. R. S/o S. Rama Rao v. S. M. Patil S/o Late M. Basava Gowda

2019-06-16

B.A.PATIL

body2019
ORDER : 1. Sri. Shreedhar Rao S.R. S/o S. Rama Rao petitioner/accused is present before this Court along with his counsel. Sri. S.M. Patil S/o late M. Basave Gowda-respondent/complainant is also present along with his counsel. 2. Today, both the parties have filed a joint memo reporting the amicable settlement arrived between them in the present case. The said joint memo reveals that the petitioner and the respondent have settled their dispute amicably for a sum of Rs. 16,00,000/- as against Rs. 20,00,000/-. The respondent/complainant has also agreed to receive the same in full and final settlement. The respondent, who is present before the Court submits that he has already received Rs. 16,00,000/- on 05.08.2019. He further submits that he has no objection to refund an amount of Rs. 1,00,000/- deposited by the petitioner/accused before XVIII Additional Chief Metropolitan Magistrate, Bengaluru and also he has no objection to allow the petition and to acquit the petitioner/accused. 3. The said submission is placed on record. 4. The said joint memo is signed by the petitioner/accused and respondent/complainant and the same has been endorsed by both the counsel. By accepting the said joint memo, sentence imposed by the XVIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No. 11676/2015 dated 29.12.2016 and subsequently, confirmed by LXIV Additional City Civil and Sessions Judge, Bengaluru in Crl. Appeal No. 90/2017 dated 04.01.2019 are set aside and the petitioner/accused is acquitted of all the charges levelled against him in this case. The trial Court is hereby directed to refund the amount of Rs. 1,00,000/- deposited by the petitioner/accused on proper identification and acknowledgment. 5. In terms of compromise, petition is disposed of. 6. In view of disposal of the main petition, I.A. No. 2/2019 for extension of time does not survive for consideration. Accordingly, I.A. No. 2/2019 is also disposed of.