This court disposed of a criminal appeal filed under S. 378(4) Cr.P.C. seeking to set aside an acquittal. The appeal was dismissed as withdrawn following a settlement between parties and the withdrawal of a related appeal pending before a lower judge.
Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A No. 100029 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100029 OF 2022
BETWEEN:
SMT. MEENA W/O MAHESH KHONA AGE. 56 YEARS, OCC. HOMEMAKER R/O. II CROSS, NEAR JAIN TEMPLE HOSUR, HUBBALLI
..…PETITIONER
(BY SRI. P.B. KADEMAN, ADVOCATE)
AND:
SRI ANWAR S/O SHABBIR CONTRACTOR, AGE. 50 YEARS, OCC. BUSINESS, ELFIN INFRASTUCTURE PVT. LTD., BEHIND INCONCEPT FURNITURE SHOP, BELVANKI COLONY, KESHWAPUR, KUSUGAL ROAD, HUBBALLI, DIST. DHARWAD.
..…RESPONDENT (NOTICE TO RESPONDENT IS SERVED & UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C., SEEKING TO SET-ASIDE THE IMPUGNED ACQUITTAL JUDGMENT PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, HUBBALLI IN CC NO.70/2017 ON 23 RD NOVEMBER 2021 AND BE CONVICTED THE ACCUSED AND BE AWARDED THE COMPENSATION TO THE COMPLAINANT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.A No. 100029 of 2022
ORDER
Learned counsel for appellant has filed a memo for withdrawal of appeal dated 04.08.2022 enclosing the certified copy of order sheet dated 13.04.2022 passed in Crl.Appeal No.5005/2022 on the file of the V Additional District and Sessions Judge, Hubballi and joint memo dated 13.04.2022.
On perusal of the joint memo, it discloses that the parties have settled their dispute before the Trial Court.
Hence, memo dated 04.08.2022 along with certified
copy of the order sheet dated 13.04.2022 passed in Crl. Appeal No.5005/2022 on the file of the V Additional District and Sessions Judge, Hubballi and joint memo dated 13.04.2022 are taken on record. Accordingly, the appeal is dismissed as withdrawn.
NAA
List No.: 1 Sl No.: 2
Sd/JUDGE
2 issues framed by the court
Whether the criminal appeal filed under S. 378(4) Cr.P.C. should be permitted to proceed given the settlement between parties and withdrawal of another related appeal.
Whether to dismiss the criminal appeal on withdrawal.
1 provisions across 1 enactments
Smt. Meena W/o Mahesh Khona
Sri Anwar S/o Shabbir Contractor
S. Rachaiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
