Lokesh N Vs Smt. Rukmini D

LOKESH N, SON OF NARASIMAHAIAH, AGED ABOUT 35 YEARS, RESIDING AT NO.148, 2ND FLOOR, 2ND MAIN ROAD, SAMPIGE ROAD, 8TH CROSS, MALLESHWARAM, BENGALURU - 560 003.

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…PETITIONER

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(BY SRI. CHAKKI SIDDAVEER, ADVOCATE)

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AND:

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Digitally AND: signed by KAVYA R SMT. RUKMINI D, Location: WIFE OF AMBRISH, High court of Karnataka AGED ABOUT 38 YEARS, RESIDING AT NO.1005/A, 1ST CROSS, 1ST MAIN, K N EXTESION, YESHWANATHPUR, BENGALURU - 560 002.

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…RESPONDENT

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(BY SMT.M.MAMATHA KULKARNI, ADVOCATE FOR SRI. ABHISHEK GOWDA H, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

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NC: 2026:KHC:2254 CRL.RP No. 427 of 2024

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HC-KAR

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HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 03.04.2021 IN CRL.A.NO.2597/2019 PASSED BY LXV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU PRODUCED HEREIN AS ANNEXURE-A CONSEQUENTLY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This Criminal revision petition under Section 397 read with Section 401 of Cr.PC is filed by the accused with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.540/2019 dated 16.11.2019 by the Court of IV Additional and Additional Chief Metropolitan Magistrate, Bengaluru and the judgment and order passed in Crl.A.No.2597/2019 dated 03.04.2021 by the Court of LXV Additional City Civil and Sessions Judge, Bengaluru City.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioner and learned

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counsel for the respondent jointly submit that dispute between the parties has been settled amicably before the

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3 - NC: 2026:KHC:2254 CRL.RP No. 427 of 2024

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HC-KAR

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Mediation Centre at Bangalore. Therefore, this Criminal revision petition may be disposed of in terms of the memorandum of settlement executed by the parties before the Mediation Centre on 07.01.2026.

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The respondent/complainant is present in person

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before the Court. She is identified by her learned advocate. She submits that settlement between the parties is voluntary without there being undue influence or coercion.

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The memorandum of settlement dated

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07.01.2026 executed between the parties before the Mediation Centre at Bangalore is taken on record. In paragraph Nos.1 to 6 of the memorandum of settlement, it is stated as follows:

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1. The parties herein state that they have resolved their dispute. The respondent has received a total sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) as full and final settlement from the petitioner herein.

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NC: 2026:KHC:2254 CRL.RP No. 427 of 2024

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HC-KAR

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2. The petitioner had deposited a sum of Rs.2,00,000/- as interim deposit before VI ACMM, Bengaluru which was received by the respondent in the year 2019 and the same has been received and confirmed by the respondent.

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3. The petitioner has paid a sum of Rs.1,00,000/(Rupees One Lakh Only) through G Pay (IMPS ID No.5311178285727) on 07.11.2025 the same been received and confirmed by the respondent.

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4. The petitioner has paid a sum of Rs.2.50,000/(Rupees Two Lakhs Fifty Thousand Only) by way of IMPS transfer bearing No. 600714985824, on 07.01.2026 the same been received and confirmed by the respondent.

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5. Both the parties agreed to dissolved all their claims as full and final settlement and there is no other claims against each other in this regard.

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6. Both the parties, on their own free will and volition and without any coercion or undue influence have resolved all their disputes amicably.

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6. Having regard to the settlement arrived between

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the parties and also taking into consideration that the offence for which the petitioner has been convicted by the

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5 - NC: 2026:KHC:2254 CRL.RP No. 427 of 2024

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HC-KAR

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Courts below is a compoundable offence, I am of the opinion that this Criminal revision petition is required to be disposed of in terms of the settlement between the parties and the judgment and order of conviction and sentence passed by the courts below needs to be set aside. Accordingly, the following:

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ORDER

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i. The Criminal revision petition is allowed .

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ii. The impugned judgment and order of conviction and sentence passed in C.C.No.540/2019 dated 16.11.2019 by the Court of IV Additional and Additional Chief Metropolitan Magistrate, Bengaluru and the judgment and order passed in Crl.A.No.2597/2019 dated 03.04.2021 by the Court of LXV Additional City Civil and Sessions Judge, Bengaluru City are set aside and the petitioner is acquitted of the offence

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