Disposed¶70

Vijayanaik v. State of Karnataka

Karnataka HC2 Dec 2025CRL.RP/1387/2018

Case brief

AI extract

What is this about?

Compounding of offences under Section 320 CrPC at revisional stage after death of complainant; compromise with legal representative of deceased complainant; setting aside of trial and appellate convictions under Sections 324, 427, 448, 504, 506 IPC and acquittal of accused; Karnataka High Court, CRL.RP No. 1387 of 2018, Vijayanaik v. State of Karnataka, decided 02.12.2025 by Justice Ravi V Hosmani (NC: 2025:KHC:50183).

What did the court decide?

Revision petition disposed of as settled on compounding under Section 320 CrPC; judgments of conviction and orders of sentence dated 20.11.2018 (Crl.A.No.17/2016) and dated 25.02.2016 (C.C.No.407/2015) set aside; petitioner/accused acquitted of offences under Sections 324, 427, 448, 504 and 506 IPC. ¶70

Vijayanaik Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, on the compromise between the petitioner/accused and the legal representative of the deceased complainant, the offences under Sections 324, 427, 448, 504 and 506 IPC could be compounded under Section 320 CrPC at the revisional stage and the convictions set aside.

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Court's answer

The application under Section 320 CrPC and the joint memo of compromise were taken on record and the revision petition was disposed of as settled.

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Ratio / Principle

The judgments of conviction and orders of sentence dated 20.11.2018 in Crl.A.No.17/2016 and dated 25.02.2016 in C.C.No.407/2015 were set aside and the petitioner/accused was acquitted of the offences.

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Key takeaways

In view of the disposal of the petition, pending interlocutory applications, if any, do not survive for consideration.ratio¶71

Detailed headnote1 paragraphs

Criminal Revision Petition under S.397 r/w S.401 CrPC against concurrent convictions under Ss.324, 427, 448, 504 and 506 IPC — original complainant (Smt.Lakshmibai) died during pendency; her son and legal representative (Shashinak) entered into a compromise with the accused — joint application for compounding of offences under S.320(1) & 320(2) CrPC and joint compromise petition filed, stating the parties are close relatives and the settlement voluntary — learned HCGP submitted all offences charged are compoundable and presence of one legal representative sufficient — Held: application and joint memo taken on record; revision petition disposed of as settled; judgment of conviction dated 25.02.2016 (Principal Civil Judge & JMFC, Hosadurga, C.C.No.407/2015) and confirming judgment dated 20.11.2018 (Special 2nd Addl. District & Sessions Judge, Chitradurga, Crl.A.No.17/2016) set aside; petitioner/accused acquitted; pending I.As. do not survive.

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NC: 2025:KHC:50183 CRL.RP No. 1387 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1387 OF 2018

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BETWEEN:

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VIJAYANAIK, S/O RAMANAIK, AGED ABOUT 33 YEARS, R/A OBALAPURA LAMBANI, THANDA VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 501.

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…PETITIONER

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(BY SRI MANJUNATH N D., ADVOCATE)

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AND:

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STATE OF KARNATAKA, THROUGH SRIRAMPURA P.S., HOSADURGA TALUK, CHITRADURGA DISTRICT - 571 440, (REP. BY HIGH COURT OF KARNATAKA SPP), BENGALURU -560 001.

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…RESPONDENT

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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(BY SRI HARISH GANAPATHY, HCGP FOR RESPONDENT)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER OF CONVICTION DATED 20.11.2018 PASSED BY THE SPECIAL 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN CRL.A.NO.17/2016 AND ORDER OF CONVICTION DATED 25.02.2016 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOSADURGA IN C.C.NO.407/2015 FOR THE OFFENCE P/U/S 324,427,448,504 AND 506 OF IPC.I.A.NO.1/2018 FOR DISPENSATION.

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THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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NC: 2025:KHC:50183 CRL.RP No. 1387 of 2018

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HC-KAR

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ORAL ORDER

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Challenging judgment dated 20.11.2018 passed by Special 2^nd Additional District and Sessions Judge, Chitradurga, in Crl.A.no.17/2016 confirming judgment of conviction and order of sentence dated 25.02.2016 passed by Principal Civil Judge and J.M.F.C., Hosadurga, in C.C.no.407/2015, this revision petition is filed.

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Sri Manjunath N.D., learned counsel for petitioner submitted that accused was convicted for offence punishable under Sections 324, 427, 448, 504 and 506 of Indian Penal Code, 1860, (' IPC ', for short) on complaint filed by complainant - Smt.Lakshmibai. It was submitted, said complainant since died and that accused and Shashinak son of complainant had entered into settlement and seeks for compounding of offences, an application is filed by legal representative of deceased complainant to come on record for purposes of recording compromise. Application is supported by affidavit and Vakalath as well as death certificate and survivorship certificate of complainant. Being satisfied with cause shown in application, application is allowed.

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NC: 2025:KHC:50183 CRL.RP No. 1387 of 2018

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HC-KAR

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It is further submitted that an application for

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compounding of offences and joint compromise petition are filed under Section 320 of Code of Criminal Procedure, 1973, (' CrPC ', for short), wherein it is stated that complainant and

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accused are close relatives and settlement is arrived at to end litigation, which reads as under:

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"APPLICATION FOR COMPOUNDING OF OFFENCE U/S 320 CrPC.

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The petitioner respectfully submits as follows:

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1. That the petitioner is the accused in CC.No.407/2015 on the file of the Prl. Civil Judge & JMFC, Hosadurga, wherein he was convicted for the offences punishable under Sections 324, 427, 448, 504 and 506 of IPC.

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2. That the judgment of conviction in CC.No.407/2015 was confirmed in Criminal Appeal No.17/2016 by the Court of the II Addl. District & Sessions Judge, Chitradurga.

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3. That the above conviction is challenged in the present petition before this Hon'ble Court.

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4. That the original complainant Smt.Laxmibai has expire during the pendency of the CC proceedings. Her legal representative, being her son Shashinaik S/o Krishnanaik has entered into a compromise with the petitioner and has decided to compound the offences voluntarily and without and coercion.

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5. That the offences u/s 324, 427, 448, 504, 506 IPC are compoundable under Section 320(1) & 320(2) of the Code of Criminal Procedure, with the permission of this Hon'ble Court since the matter is at the stage of revision.

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NC: 2025:KHC:50183 CRL.RP No. 1387 of 2018

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HC-KAR

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6. The petitioner and complainant are close relatives and that in view of the settlement and compromise entered into between the parties, no grievance survives, and continuation of proceedings would serve no purpose.

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7. Hence, the petitioner prays that this Hon'ble Court may be pleased to:

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a. Permit the parties to compound the offences u/S 324, 427, 448, 504 & 506 of IPC and

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b. Set aside the conviction and sentence passed in C.C.No.407/2015 and confirmed in Criminal Appeal No.17/2016 in the interest of justice.

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JOINT COMPROMISE PETITION U/S 320 OF THE CODE OF CRIMINAL PROCEDURE..

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The Petitioner/Accused and the Shashinaik, Legal Representative of the deceased complainant Smt.Laxmibai respectfully submit as follows:

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1. That the petitioner was convicted for the offences punishable under Sections 324, 427, 448, 504 and 506 of IPC in C.C.No.407/2015 on the file of the Prl. Civil Judge & JMFC, Hosadurga.

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2. The conviction and sentence was confirmed in Criminal Appeal No.17/2016 by the Court of the II Addl. District & Sessions Judge, Chitradurga.

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3. The above conviction is under challenge in this Criminal Revision Petition no.1387/2018 before this Hon'ble Court.

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4. During pendency of the proceedings, the original complainant Smt.Laxmibai expired. Her legal heir, arrayed herein as Respondent-LR are competent to present her estate and rights.

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5. The Petitioner/Accused and the Respondent-LR have amicably resolved their dispute and have decided to bury all past differences, and have entered into a full and final compromise.

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NC: 2025:KHC:50183 CRL.RP No. 1387 of 2018

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HC-KAR

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6. The Respondent-LR hereby state that they have no objection to the compounding of offences under Sections 324, 427, 448, 504 & 506 of IPC as permitted under Section 320(1) & 320(2) Cr.P.C. and request this Hon'ble Court to allow the compounding.

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7. The compromise is voluntary, genuine and without any pressure, coercion or inducement from any quarter.

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8. In view of the above settlement, the parties jointly pray that this Hon'ble Court may be pleased to:

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a. Permit the parties to compound the offences under Sections 324, 427, 448, 504 & 506 of IPC.

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b. Set aside the conviction and sentence passed in C.C.No.407/2015 and confirmed in Crl.A.No.17/2016; and

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c. Acquit the petitioner of the said offences in the interest of justice.

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WHEREFORE

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The Petitioner/Accused and the Respondentlegal representatives jointly pray that this Hon'ble Court be pleased to accept this Joint Compromise Petition and pass appropriate orders as prayed for in the interest of justice and equity."

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Sri Harish Ganapathy, learned High Court

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Government Pleader for respondent - State submits that all offences for which petitioner/accused is convicted are compoundable and further that presence of one of legal

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NC: 2025:KHC:50183 CRL.RP No. 1387 of 2018

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HC-KAR

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representatives of complainant would be sufficient for

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settlement/compounding.

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In view of above, application under Section 320 of

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CrPC as well as joint memo of compromise are taken on record, revision petition is disposed of as settled, judgments of conviction and order of sentences dated 20.11.2018 passed by Special 2^nd Additional District and Sessions Judge, Chitradurga, in Crl.A.no.17/2016 and dated 25.02.2016 passed by Principal Civil Judge and J.M.F.C., Hosadurga, in C.C.no.407/2015 are set aside, acquitting petitioner/accused of offences.

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In view of disposal of petition, pending I.As, if any, does not survive for consideration.

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Sd/(RAVI V HOSMANI) JUDGE

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GRD List No.: 1 Sl No.: 24

Vijayanaik v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Vijayanaik v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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