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

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

What the court decided

AI extract

Outcome

Revision petition allowed; judgment of conviction dated 21.10.2019 in C.C.No.991/2017 (JMFC (IV Court), Mysuru) and judgment dated 18.02.2020 in Crl.A.No.359/2019 (IV Additional District and Sessions Judge, Mysuru) set aside upon acceptance of the compounding application under Section 320 r/w Section 482 Cr.P.C.; petitioner acquitted of offences under Sections 354, 427, 448 read with Section 34 IPC.

Issue for consideration

Whether, upon compromise between petitioner-accused no.2 and respondent no.2-complainant, the offences should be permitted to be compounded under Section 320 read with Section 482 Cr.P.C., and the conviction and sentence in C.C.No.991/2017 (as confirmed in Crl.A.No.359/2019) set aside with acquittal of the petitioner.

Court's answer

The application under Section 320 read with Section 482 Cr.P.C. for compounding the offences punishable under Sections 354, 427, 448 read with Section 34 IPC — supported by affidavits of both parties, affirmed by the complainant respondent no.2 in person, and conceded by the learned High Court Government Pleader that the offences are compoundable — is accepted.

Ratio / Principle

Revision Petition is allowed; the judgment of conviction dated 21.10.2019 in C.C.No.991/2017 (JMFC (IV Court), Mysuru) and the judgment dated 18.02.2020 in Crl.A.No.359/2019 (IV Additional District and Sessions Judge, Mysuru) are set aside, and the petitioner is acquitted of the offences punishable under Sections 354, 427, 448 read with Section 34 I.P.C.

Detailed headnote1 paragraphs

Criminal Revision Petition (CRL.RP No. 301 of 2020) under Sections 397 read with 401 Cr.P.C. challenging conviction dated 21.10.2019 in C.C.No.991/2017 (JMFC (IV Court), Mysuru) confirmed by judgment dated 18.02.2020 in Crl.A.No.359/2019 (IV Additional District and Sessions Judge, Mysuru). During pendency, petitioner-accused no.2 and respondent no.2-complainant arrived at a settlement; an application under Section 320 read with Section 482 Cr.P.C. sought permission to compound offences punishable under Sections 354, 427, 448 read with Section 34 IPC and acquittal of the petitioner. The learned HCGP fairly submitted the offences are compoundable; the complainant appeared and affirmed the application; the petitioner filed an affidavit. The Court accepted the application, allowed the revision petition, set aside both judgments and acquitted the petitioner.

NC: 2025:KHC:53712 CRL.RP No. 301 of 2020

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 301 OF 2020

BETWEEN:

MADHU S/O GANGADHARA aged ABOUT 31 YEARS R/AT B.C. MAIN ROAD, NEAR CHURCH, PALAHALLI VILLAGE SRIRANGAPATNA TALUK MANDYA DISTIRCT-577103

…PETITIONER

(BY SRI. LETHIF B., ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

STATE OF KARNATAKA BY ITS VIJAYANAGARA POLICE STATION MYSURU DISTRICT REP. BY S.P.P HIGH COURT BUILDING BENGALURU 560001.

SAVITHA W/O. LATE DIVAKAR AGED ABOUT 52 YEARS, R/AT. MADAPURA GRAMA SALIGRAMA HOBLI, K.R.NAGAR RAMPURA, MYSORE-571604.

…RESPONDENT

(BY SMT. N.ANITHA GIRISH, HCGP FOR R1; SRI. SAMPATH KUMAR, ADVOCATE FOR R2)

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NC: 2025:KHC:53712 CRL.RP No. 301 of 2020

HC-KAR

THIS CRL.RP IS FILED U/S.397 R/W SEC.401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT/ORDER OF DISMISSAL OF CRL.A.NO.359/2019 DATED 18.02.2020 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU AND ORDER OF CONVICTION AND SENTENCE DATED 21.10.2019 PASSED IN C.C.NO.991/2017 BY THE JUDICIAL MAGISTRATE FIRST CLASS (IV COURT) AT MYSURU BY ALLOWING THE ABOVE REVISION PETITION AND ACQUIT THE PETITIONER.

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

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Challenging judgment of conviction dated 21.10.2019 passed by Judicial Magistrate First Class (IV Court) At Mysuru, in C.C.no.991/2017, confirmed in judgment dated 18.02.2020 passed by IV Additional District and Sessions Judge, Mysuru, in Crl.A.no.359/2019, this Revision Petition is filed.

It is submitted that during pendency of this Revision Petition, parties have entered into compromise. Petitioner - accused no.2 and respondent no.2 - complainant have arrived at a settlement.

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NC: 2025:KHC:53712 CRL.RP No. 301 of 2020

HC-KAR

An application is filed under Section 320 read with

Section 482 of Cr.P.C. and same reads as follows -

" APPLICATION UNDER SECTION 320 R/W.482 OF CRIMINAL PROCEDURE CODE "

That for the reason stated in the accompanied affidavits filed by the both parties this Hon'ble Court may be please to permit the parties to compound the offence, consequently set aside the order of conviction and sentence dated 21.10.2019 in C.C.no.991/2017 on the file of JMFC (IV Court) at Mysuru, for the offence U/s. 354, 427, 448 R/w. 34 of IPC which has confirmed in Crl.A.no.359/2019 dated 18.02.2025 in on the file of IV Additional District and Sessions Judge at Mysuru, and acquit the petitioner, in the interest of justice."

Learned High Court Government Pleader fairly

submits that offences are compoundable.

Complainant - respondent no.2 is present and affirms contents of application. An affidavit of petitioner is also filed.

Perused contents of application. Application is accepted.

Revision Petition is allowed, judgment of conviction dated 21.10.2019 passed by Judicial Magistrate First Class (IV Court) At Mysuru, in C.C.no.991/2017 and judgment dated

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NC: 2025:KHC:53712 CRL.RP No. 301 of 2020

HC-KAR

18.02.2020 passed by IV Additional District and Sessions Judge, Mysuru, in Crl.A.no.359/2019 is set aside. Petitioner is acquitted of offences punishable under Sections 354, 427, 448

read with Section 34 of I.P.C.

Sd/(RAVI V HOSMANI) JUDGE

HNM List No.: 1 Sl No.: 23