High Court allowed compromise in a compoundable offence case. Parties settled amicably by paying Rs.35,000. Petitioners were acquitted. Judgment and order of conviction were set aside. Bail bonds cancelled.
Order dated 27.12.2014 and judgment dated 12.09.2013 set aside. Petitioners acquitted. Compromise allowed. Bail bonds cancelled.
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.RP No. 100037 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO. 100037 OF 2015
BETWEEN:
..…PETITIONERS
(BY SRI. SRINAND A. PACHCHAPURE, ADV.)
AND:
THE STATE OF KARNATAKA THE STATE BY THE STATION HOUSE OFFICER, KURUGODU POLICE STATION, KURUGODU, BELLARY TALUK and DISTRICT, (BY PUBLIC PROSECUTOR) REP. HIGH COURT OF KARNATAKA, DHARWAD BENCH.
..…RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397(1) R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 27.12.2014 PASSED BY THE PRL. SESSIONS JUDGE, BELLARY IN
CRL.RP No. 100037 of 2015
CRL.A.NO.109/2013, FOR THE OFFENCES P/U/S 341, 323, 326, 504 & 506 R/W 34 OF IPC.
THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Criminal Revision Petition is filed by the appellants being aggrieved by the judgment of conviction and order of sentence dated 12.09.2013 passed by the III Addl. JMFC, Ballari, in C.C.No.326/2012 and the order dated 27.12.2014 passed by the Prl. Sessions Judge, Ballari in Crl.A.No.109/2013.
CRL.RP No. 100037 of 2015
entering into compromise, they have stated that without any undue influence or coercion, they are entering into the compromise.
as under:
(b) The complainant agreed to received above said amount and accordingly he has no objection to set aside the judgment of conviction and order of sentence dated 27/12/2014 by the Court of Prl. Sessions Judge, Ballari in Crl.Appeal No.109/2013 modifying the judgment of conviction and order of sentence dated 12/09/2013 passed by the Court of III Addl. J.M.F.C., Ballari in C.C.No.326/2012 and acquit the accused/petitioners.
CRL.RP No. 100037 of 2015
CRL.RP No. 100037 of 2015
cancelled.
Sd/JUDGE
NAA
List No.: 1 Sl No.: 8
2 issues framed by the court
Whether a Criminal Revision Petition filed after compromise in compoundable offences under IPC Section 341, 323, 325, 504 and 506 should be dismissed.
Whether the offences charged in C.C.No.326/2012 are compoundable offences attracting Section 320(2) of CrPC.
3 provisions across 2 enactments
H Shanthappa
H Hulugappa
Honnur Swamy
H Fakkirappa
State of Karnataka
S. Rachaiyah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
