Karnataka High Court
A K Nizar vs Dr Ranjitha Vijaya on 8 April, 2008
Author: C.R.Kumaraswamy
Bench: C.R.Kumaraswamy
1 : _ CRL.R-P.NO. 1457/2007 IN THE HIGH COURT OF KARNATAKA AT BENGALORE DATED THIS THE 8™ DAY OF APRIL, 2008 - BEFORE THE HON' BLE MR.JUSTI cE C. R. -KUMARASWAMY CRL.R.P. NO. 1457/2007 BETWEEN : 1 AK NIZAR MANAGING DIRECTOR, . M/S.LOTUS COMPUTER CENTER, -- NO.TC8/583, PORTGUMOODU, TRIVENDUM-11, KERALA. -.. PETITIONER (By Sri: VISHNU ) MURTHY & ASSOCIATES) ~ AND : a DR RANUITHA VIJAYA ~ AGED ABOUT 46 YEARS, R/AT NO. 26, PRARTHANA, . 1st" MAIN ROAD, SANJAY NAGAR, BANGALORE-24. -.. RESPONDENT (By Sri: T V VIJAYA RAGHAVAN, ADV. ) CRL.RP FILED U/S.397 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE XXII ACMM, BANGALORE DT.6.10.2006 IN C.C.NO.5541/05 AND WHICH CRL.R.P.NO. 1457 /2007 WAS CONFIRMED BY XXXVI ADDL. CITY CIVIL. s °S.u, BANGALORE IN CRL.A 1750/06. . THIS CRL.R.P. COMING HEARING THIS DAY, THE COURT ORDER :
Learned counsel for the ON FOR . PRELIMINARY MADE THE FOLLOWING: ~
-petitioner-and learned counsel for the "respondent-complainant have jointly filed a compromise petition under Section 320[6] of 'the Code. of Criminal Procedure which reads as follows: .
Ny The. complainant humbly submits that they have compromise the above case out of the Hon' ble Court may withdraw . the c
- accused/ pe titioner may the above case.
2. The respon court and this be permit to omplaint and .
be acquitted in dent/complainant had already received the amount therefore she had no further claim in the above case.
3. The petitioner had deposited Rs.2,00,000/- [Two lakhs only] before the trial court and this Hon'ble court may be pleased to direct to return the 2 / CRL.R.P.NO. 1457 /2007 Said amount to complainant/respondent and petitioner had no objection for the same. 7 oe _--
Wherefore, the complainant/respendent and petitioner/accused humbiy prays"
that this Hon'ble court nay be | pleased to consider this memo and set aside the order of conviction _and sentence passed by the 12. ACKM, 'Bangalore in C.C.No. 9441/05. vide dated 6.10.06 and same was" 'confirmed by the learned 36% City. Civil "And ~ Sessions Judge, Bangalore, "in Crlea. 1750/06 vide order dated and- acquit the accused/ petitioner. in the interest of "yustice." --
2. Sri. T.V.Vijaya Raghavan, learned counsel for the respondent submits that the complainant is ooo Ais wife: and that the petitioner has deposited
-Rs.2,09,000/- before the trial court.
3. Considering the submission of the learned "counsel for the respondent and in view of the compromise petition filed under Section 320[6] of Cr.P.C., I pass the following order. 4 CRL.R.P.NO. 1457 /2007 Crl.Revision Petition is allowed in terms. of the compromise petition.
In view of the composition of this offence ~ under Section 320[8] conviction shall have the effect of an acquittal of the petitioner/accused against whom this offence has been compounded. The amount. of Rs.2,00, 00/- deposited before the trial court shall be refunded in favour of the complainant. De. . Ranjitha -- Vijaya on proper identification. .~