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Sri Somashekar v. State by Town Police

Karnataka HC15 Jul 2026CRL.A/1381/2016

Case brief

AI extract

What is this about?

Karnataka High Court; CRL.A No. 1381 of 2016; S.374(2) Cr.P.C. appeal; conviction under Ss.366-A and 376 IPC set aside on the basis of compromise/amicable settlement between accused and victim; application under S.320 Cr.P.C.; joint memo and joint affidavit; victim subsequently married (2017), appellant married (2018); acquittal; bail bond cancelled; observation that rape and cruelty offences are not amenable to settlement; ends of justice; Prl. Sessions Judge, Hassan; S.C.No.182/2012; Crime No.103/2012, Arasikere Police.

What did the court decide?

Appeal disposed of in terms of the compromise between the parties; judgment of conviction and order on sentence dated 11.07.2016 in S.C.No.182/2012 (Prl. Sessions Judge, Hassan) set aside; appellant acquitted of offences punishable under Sections 366-A and 376 IPC; bail bond, if any, cancelled.

Sri Somashekar Vs State by Town Police — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the amicable settlement/compromise arrived at between the appellant and respondent No.2 (the victim), evidenced by a joint memo, an application under Section 320 Cr.P.C. and a joint affidavit, the judgment of conviction and order on sentence dated 11.07.2016 in S.C.No.182/2012 (offences punishable under Sections 366-A and 376 IPC) should be set aside and the appellant acquitted

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Court's answer

Considering the changed circumstances and the amicable settlement arrived at between the parties, and in order to maintain quiet between the parties and to secure the ends of justice, it was appropriate to record the settlement.

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Ratio / Principle

The Criminal Appeal stands disposed of in terms of the compromise between the respective parties.

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Key takeaways

The Court acknowledged that, as a settled principle of law, offences of rape and cruelty against a woman are not amenable for settlement.obiter¶66
The judgment of conviction and order on sentence dated 11.07.2016 in S.C.No.182/2012 passed by the learned Prl. Sessions Judge, Hassan is set aside.ratio¶74
The appellant is acquitted for the offences punishable under Sections 366-A and 376 of IPC.ratio

Detailed headnote1 paragraphs

Criminal appeal under S.374(2) Cr.P.C. against judgment dated 11.07.2016 of the Prl. Sessions Judge, Hassan in S.C.No.182/2012 convicting the appellant under Ss.366-A and 376 IPC (Arasikere Police Crime No.103/2012). During the appeal, the appellant and respondent No.2 (the victim) filed a joint memo, an application under S.320 Cr.P.C. and a joint affidavit recording an amicable settlement; the affidavit recorded that the victim had married in 2017 and the appellant in 2018, both living with their respective spouses and children, and that the victim had been compensated. The Court (S Rachaiya, J.) observed that, as settled law, offences of rape and cruelty against a woman are not amenable to settlement, but considering the changed circumstances and the compromise, and to maintain quiet and secure the ends of justice, recorded the settlement: the appeal was disposed of in terms of the compromise, the judgment of conviction and order on sentence dated 11.07.2016 in S.C.No.182/2012 was set aside, the appellant was acquitted of the offences punishable under Ss.366-A and 376 IPC, and the bail bond, if any, was cancelled.

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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HC-KAR

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CNR: KAHC010367702016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH

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CRIMINAL APPEAL NO. 1381 OF 2016 (C)

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BETWEEN:

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Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka

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SRI. SOMASHEKAR, S/O. GUTHIGAIAH BALAIAH, AGED ABOUT 29 YEARS, R/AT MADENOOR BHOVI HATTI COLONY, (GARDEN HOUSE) TIPTUR, TIPTUR TALUK, TUMKUR DISTRICT – 572 201.

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…APPELLANT

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(BY SRI. D. L. JAGADEESH., SENIOR COUNSEL FOR SRI. RAKSHITHA D. J., ADVOCATE)

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AND:

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STATE BY TOWN POLICE ARASIKERE, REPRESENTED BY THE

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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HC-KAR

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CNR: KAHC010367702016

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STATE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KARNATAKA BUILDING, BANGALORE – 560 001.

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PUSHPAVATHI,

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AGED MAJOR, R/AT NAGARAHALLI, HASSAN DISTRICT – 573 164.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. KUMAR R., ADVOCATE FOR

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DEFACTO COMPLAINANT)

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THIS CRL.A IS FILED U/S.374(2) CR.P.C., BY THE

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ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 11.07.2016, PASSED BY THE PRL. SESSIONS JUDGE AT HASSAN, IN S.C.NO.182/2012, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCES P/U/S 366(A) AND 376 OF IPC.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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CNR: KAHC010367702016

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ORAL JUDGMENT

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Heard Mr. D.L. Jagadeesh, learned Senior Counsel for Sri. Rakshitha D.J., learned counsel for the appellant and Sri. Channappa Erppa, learned HCGP for respondent No.1 and Sri. Kumar R, learned counsel for respondent No.2.

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This Criminal Appeal is filed by the appellant seeking to set aside the judgment of conviction and order on sentence dated 11.07.2016 in S.C.No.182/2012 passed by the learned Prl. Sessions Judge, Hassan.

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The appellant and the respondent are present and are identified by their respective counsels. The joint memo for settlement is duly signed by the appellant, the respondent and their respective counsels. The same is perused.

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Learned counsel for the respective parties submit that the appellant and the respondent have settled the dispute amicably and filed an application under Section

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HC-KAR

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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CNR: KAHC010367702016

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320 of Cr.P.C., along with joint memo for settlement and the same are taken on record.

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The joint affidavit filed by the respective parties reads as under:

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i. We state that, we are appellant and victim respectively in the above case. We know the facts and circumstances of the case. Hence we are swearing to this joint affidavit.

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ii. We state that, the averments made in the Appeal may kindly be read as part and parcel of this affidavit in order to avoid the repetition of facts.

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iii. We state that the Appellant filed the present appeal for setting aside the Judgment and Order of Conviction and Sentence dated 11.07.2016 passed in S.C. No.182/2012 on the file of the Principal Sessions Judge, Hassan registered by the Arasikere Police in Crime No.103/2012 for the offence punishable under Section 366-A and 376 of Indian Penal Code and consequently acquit the accused/appellant from all the charges leveled against him.

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iv. We state the Victim married to one Doreswamy in the year 2017 and 2 daughters were born out of wedlock and living happily with the marital home. And further state that the Accused also married in the year 2018

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HC-KAR

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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CNR: KAHC010367702016

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to one Kalavathi and one son & one daughter are born out of wedlock.

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v. We state that, we are both married and living the life with our respective spouses and children. The Accused is an agriculturist and has 2 minor children and is the only earning member of the family. We further state that, as advised by our elders and wellwishers, we are entering into a compromise and amicable settlement to avoid differences and disputes between both families to lead a peaceful life without misunderstanding and more particularly to have peace and tranquility between both our family members. & also victim has been duly compensated.

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vi. We state that, we declare that, we have resolved all our disputes and differences arose between us and in pursuance of the compromise and amicable settlement we herein withdraw all the allegation.

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vii. We state that, we are entering in to the joint affidavit with free will and consent without any force, threat or coercion or undue influence.

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viii. We state that, the averments made out in the Interim Application and this affidavit para No. 1 to 9 are true and correct to the best of our knowledge, information and belief.

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HC-KAR

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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CNR: KAHC010367702016

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ix. We state that, no prejudice or harm would be caused to the respondent if this application is allowed, but on the other hand if this application is not allowed they will be put to severe hardship and injury which cannot be compensated in any other terms.”

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On going through the contents of the joint affidavit, it appears that the victim had married one Doreswamy in the year 2017 and two daughters were born out of the wedlock. The accused also married one Kalavathi in the year 2018 and has two children with her. As per the averments in the affidavit, both parties were living amicably with their respective spouses and children.

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Having considered the changed circumstances and also on considering the amicable settlement arrived between the parties, though it is settled principle of law that offences of rape and cruelty against the woman are not amenable for settlement, in order to maintain quiets between the parties and to secure the ends of justice, it is appropriate to record the settlement. Accordingly, I proceed to pass the following:

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HC-KAR

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NC: 2026:KHC:36169 CRL.A No. 1381 of 2016

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CNR: KAHC010367702016

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ORDER

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i. The Criminal Appeal stands disposed of in terms of the compromise between the respective parties.

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