Dr P G Somaiah S/O Late P.A. Gangaiah vs Sri Vijaya Kumar on 3 July, 2013

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Karnataka High Court

Dr P G Somaiah S/O Late P.A. Gangaiah vs Sri Vijaya Kumar on 3 July, 2013

Bench: N. Ananda

                          1


           IN THE HIGH COURT OF KARNATAKA
             CIRCUIT BENCH AT DHARWAD
         DATED THIS THE 3RD DAY OF JULY, 2013
                       BEFORE
          THE HON'BLE MR. JUSTICE N. ANANDA


               CRL. A. No. 486/2008 [A]

BETWEEN:

DR P G SOMAIAH,
S/O LATE P A GANGAIAH,
AGED ABOUT 57 YEARS,
GENERAL PRACTITIONER,
R/O NEW DAROJI VILLAGE,
SANDUR TALUK,
BELLARY DISTRICT.               ...   APPELLANT

(By SRI. B K MALLIGWAD, ADV.)

AND

1.    SRI VIJAYA KUMAR
      MAJOR, EDITOR
      "CRIME REPORTER"
      KANNADA WEEKLY,
      C/O ANUP TRUE PRINTERS,
      BELLARY.

2.    SMT V SADHANA, MAJOR, EDITOR
      PUBLISHER AND OWNER OF CRIME REPORTER
      KANNADA WEEKLY,
      PRINTED AT ANUP EFFECT PRINTERS,
      BELLARY.                  ...  RESPONDENTS

(By Sri V M SHEELVANT, ADV.)
                             2


     THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 29.2.2008 PASSED
BY THE I ADDL. C.J. (JR.DN) & JMFC., BELLARY, IN
C.C.NO.1749/02-ACQUITTING     RESPONDENT/ACCUSED
FOR THE OFFENCE PUNISHABLE UNDER SECTION 500 OF
INDIAN PENAL CODE, AND ETC.

     THIS CRIMINAL APPEAL COMING ON FOR HEARING
THIS DAY, THE COURT., DELIVERED THE FOLLOWING:

                     JUDGMENT

The appellant (complainant), respondents (accused 1 and 2) and their learned Counsel, have filed an application under Section 320 of Cr.P.C. reading as hereunder:

"Herein the Advocate for the Appellant and Respondents beg to submit as follows:

The parties to be above appeal have entered into settlement on the following terms and conditions and seek permission of this Hon'ble Court to compound the offence.

1. The accused No.1 and 2 tendered unconditional apology for having published an article on 20.2.2000 in "Crime Reporter" against appellant.

2. The accused No.1 and 2 undertake to publish an article in Daily Kannada News Paper "Bellary Belagayitu" within 1 week from today for having published article in Crime Report against the appellant.

Wherefore, both the parties pray that this Hon'ble Court be pleased to close the proceedings in terms of compromise as compounded."

2. The offence alleged against accused is punishable under Section 500 of I.P.C. which is compoundable under Section 320 Cr.PC. In the compromise petition, accused No.1 has undertaken to cause publication in Kannada daily newspaper "Bellary Belagayitu" withdrawing publication made against the complainant within a week from today.

3. Therefore, compromise petition is accepted. The Criminal Appeal is dismissed. However, if the accused 1 and 2 fail to cause publication as aforestated in daily Kannada newspaper "Bellary Belagayitu" on or before 10.07.2013, the appellant is at liberty to move this Court for recalling the order of compromise.

Sd/-

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