HIGH COURT BUILDING v. KARNATAKA

KRISHNAIAH @ KUSHALA, S/O K.K SRINIVASA, AGED ABOUT 38 YEARS, R/O KURANDOOR, MASIGE VILLAGE, SRINGERI TALUK, CHIKKAMAGALURU - 577 139. (BY SRI V D RAVIRAJ, ADVOCATE) AND: STATE OF KARNATAKA, BY SRINGERI POLICE, CHIKKAMAGALURU DISTRICT, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001. …PETITIONER Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA …RESPONDENT (BY SRI CHANAPPA ERAPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION PASSED BY THE LEARNED CIVIL JUDGE AND JMFC SRINGERI DATED 21.11.2019 IN C.C.NO.86/2015 AND CONFIRMED/UPHELD BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN CRL.A.NO.259/2019 DATED 02.02.2023 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:34584 CRL.RP No. 206 of 2023 HC-KAR CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This Criminal Revision Petition is filed assailing the judgment dated 21.11.2019 in C.C.No.86/2015 on the file of JMFC, Sringeri, confirmed in Criminal Appeal No.259/2019 on the file of Sessions Court, Chikkamagaluru, in terms of the judgment dated 02.02.2023.

#2. Learned JMFC, Sringeri in terms of the judgment dated 21.11.2019 convicted the petitioner/accused and sentenced him for the offence punishable under Section 354 of Indian Penal Code and sentenced the accused to undergo simple imprisonment for a period of one year and imposed a fine of Rs.5,000/- and in default of payment of fine amount, 3 months' simple imprisonment is also imposed.

#3. The Appellate Court confirmed the judgment an passed by the Trial Court. Hence, the present petitioner is before this Court.

#4. Learned counsel the petitioner/accused, learned High Court Government Pleader and the original - 3 - NC: 2025:KHC:34584 CRL.RP No. 206 of 2023 HC-KAR complainant -Soujanya and the father of the complainant are present before the Court.

#5. An application under Section 320 read with Sections 397 and 401 of Code of Criminal Procedure is jointly filed by the complainant/respondent and the accused/ petitioner reporting settlement.

#6. It is stated that at the intervention of the family members of both sides, the dispute is amicably resolved and parties have no grievance against each other.

#7. Learned counsel appearing for the complainant/ respondent also submits that he has no objection to allow the petition. The complainant who is present before the Court submits that she has received Rs.1,50,000/- from the petitioner/accused.

#8. Learned counsel appearing for the petitioner has also placed reliance of the judgment of the Co-ordinate Bench of this Court in Muniyamma and others vs. State - 4 - NC: 2025:KHC:34584 CRL.RP No. 206 of 2023 HC-KAR of Karnataka and Another1 wherein Co-ordinate Bench of this Court has permitted the parties to compound the offence by following the law laid down in the case of Gian Singh vs. State of Punjab2.

#9. Considering the materials placed on record, this Court is of the view that the parties shall be permitted to settle the dispute, as the issue involved in this case if permitted to be settled does not disturb the public peace and tranquility.

#10. Petitioner submits that he does not claim the fine amount deposited before the Trial Court.

#11. For the aforementioned reasons, settlement is accepted.

#12. Hence, the following: ORDER (i) The judgment dated 21.11.2019 C.C.No.86/2015 on the file of JMFC, Sringeri is set-aside. 1 Crl.R.P.No.593/2025 2 (2012) 10 SCC 303 - 5 - NC: 2025:KHC:34584 CRL.RP No. 206 of 2023 HC-KAR (ii) The judgment dated 02.02.2023 Crl.A.No.259/2019 on the file of Session Court, Chikkamagalur is set-aside. (iii) The petitioner is acquitted of all charges. (iv) Bail bond if any, stands cancelled. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 30