IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION No.777 OF 2016 BETWEEN:
1. SURENDRA, S/O VEDAMURTHY, AGED ABOUT 28 YEARS, R/A KARAGUNDA VILLAGE, JAVAGAL HOBLI, ARASIKERE TALUK, HASSAN DISTRICT – 573 201.
2. GURUMURTHY, S/O NAGACHARI, AGED ABOUT 37 YEARS, 3. MADHU, S/O CHANNABASAPPA, AGED ABOUT 32 YEARS, PETITIONERS 2 & 3 ARE R/A DESHANI VILLAGE, JAVAGAL TALUK, ARASIKERE TALUK, HASSAN DISTRICT – 573 201.
... PETITIONERS (BY SRI.SHASHIDHAR BELAGUMBA, ADVOCATE) AND:
STATE BY JAVAGAL POLICE, HASSAN DISTRICT. REPRESENTED BY S.P.P., HIGH COURT, BANGALORE – 560 001. (SRI.HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO REVISE AND SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 16.07.2015 PASSED IN C.C.NO.1285/2013 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, ARASIKERE, HASSAN AND CONFIRMED BY THE V ADDL. DISTRICT AND S.J., HASSAN IN CRL.A.NO.114/2015 VIDE ORDER DATED 10.05.2016 ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This criminal revision petition is filed by accused Nos.1 to 3 challenging the concurrent findings recorded by the courts below, wherein they were convicted for the offences punishable under Sections.448, 323, 506 and 427 read with 34 of IPC by the Court of II Additional Civil Judge (Jr.Dn) and JMFC, Arasikere, Hassan District, in C.C. No.1285/2013, dated 16/07/2015 and confirmed in Criminal Appeal No.114/2015 dated 10/05/2016 by the V Addl. District and Sessions Court at Hassan.
2. Learned counsel Sri. Shashidhar Belagumba, appearing for the petitioners has filed an application under Section 320 of Cr.P.C and submitted that at the intervention of elders, well wishers and relatives, the complainant and the petitioners have settled the dispute among themselves amicably with an intention to lead peaceful and happy life in the village. Therefore, he submits that the parties may be permitted to compound the offences.
3. I have perused the application filed under Section 320 of Cr.P.C. The said application is signed by the complainant as well as the petitioners/accused persons. The complainant/P.W.1 namely, Smt.Sheela as well as the petitioners/accused persons are present before the Court.
4. Complainant/P.W.1 submits that there is no force, coercion or undue influence by the petitioners and that she has agreed to settle the dispute at the intervention of elders and well wishers. Accordingly she seeks to allow the petition.
5.The learned HCGP appearing for the respondent/State submits that the offences are compoundable in nature and that necessary orders may be passed in accordance with law.
6. In view of the application filed under Section 320 of the Cr.P.C and in view of the offences alleged which are compoundable in nature, I deem it proper to permit the parties to compound the offences.
7. Accordingly I pass the following order.
The judgment and order of conviction and sentence passed in C.C.No.No.1285/2013, dated 16/07/2015 on the file of the II Addl. Civil Judge and JMFC, Arasikere, Hassan and confirmed in Criminal Appeal No.114/2015 by the V Addl. District and Sessions Judge, dated 10/05/2016 are hereby set aside.
The accused/petitioners are acquitted of the offences punishable under Sections.448, 323, 506 and 427 read with 34 of IPC.
8. The Criminal Revision Petition is accordingly disposed off.
Sd/- JUDGE Msu