✦ Karnataka High Court

Karnataka (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) v. BENGALURU 560 001

Criminal Appeal No. 2391 of 2023S RACHAIAH3 min read

Case at a glance

Outcome

Acquitted

The appellant is acquitted for the offences

Provisions considered

Key paragraphs

  • Para 55. Considering the facts and circumstances of the case and also the nature of injuries sustained to the complainant, it is appropriate to record the compromise, in order to secure the ends of justice. Accordingly, I proceed to pass the following: ORDER (i) (ii) The…

Judgment

SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) …APPELLANT AND: STATE BY SRIRAMPURA POLICE STATION R/B ITS STATE PUBLIC - 2 - NC: 2025:KHC:38504 CRL.A No. 2391 of 2023 HC-KAR PROSECUTOR HIGH COURT COMPLEX BENGALURU 560 001 …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP FOR R1; SRI.THYAGARAJ M., ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 20.12.2023 AND ORDER OF SENTENCE DATED 22.12.2023 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN S.C.NO.50/2021. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - NC: 2025:KHC:38504 CRL.A No. 2391 of 2023 HC-KAR ORAL JUDGMENT Heard Sri. Gopalakrishna Murthy C, learned counsel for the appellant and Smt. Pushpalath B, learned Addl. SPP for respondent No.1 and Sri. Thyagaraj M, learned counsel for respondent No.2.

2.

Both learned counsels submit that the parties have settled the dispute amicably and filed an application under Section 320 of Cr.P.C., read with section 482 of Cr.P.C., and the same is taken on record.

3.

The appellant and the defacto complainant are present and they are identified by their respective counsels. The application is duly signed by the appellant, the defacto complainant and their respective counsels. The averments made in Paragraph Nos.1 to 4 of the affidavit read thus: “1. It is submitted that both the Appellant and the De facto complainant have settled the dispute amicably outside the Hon'ble Court due to intervention of elders, friends and well-wishers and for betterment of their future life and also to maintain solidarity and good relationship between them, moreover the same is entered between - 4 - NC: 2025:KHC:38504 CRL.A No. 2391 of 2023 HC-KAR them without any coercion, force, fraud but the same is with own volition.

2. It is further submitted that the Appellant and the De facto complainant known to each other since they are blood relatives and both of them have decided to withdraw the allegations against each other and they have decided to settle the above criminal case by putting an end to the litigation between them since the De complainant does not wish to continue the litigation.

3. It is further submitted that in view of the settlement between the parties De complainant has no objection to close Proceedings in S.C.No.50/2021 for the offences punishable under Section 324, 326 of IPC, passed in the judgment and order of conviction and sentence passed by The Hon’ble Principal District and Sessions Judge, Chitradurga dated 20-12-

2023. It is further submitted that the appellant has no objection to collect the fine amount fro a sum of Rs.1,10,000/- by the De Facto Complainant which is deposited on 18-01-2024 by the appellant proceedings i.e., S.C.No.50/2021 was pending on the file of the The Prl. Dist. & Sessions Judge, Chitradurga. - 5 - NC: 2025:KHC:38504 CRL.A No. 2391 of 2023 HC-KAR

4.

It is further submitted that both of them without any influence or coercion and after careful reading of this Application have affixed their signature to close the above proceedings to meet the ends of justice.”

4. In terms of the averments stated above, the parties have settled the matter amicably and sought to dispose of the matter. Their submission is placed on record.

Operative part

5.

Considering the facts and circumstances of the case and also the nature of injuries sustained to the complainant, it is appropriate to record the compromise, in order to secure the ends of justice. Accordingly, I proceed to pass the following: ORDER (i) (ii) The criminal appeal stands disposed of in terms of the compromise. The judgment of conviction dated 20.12.2023 and order on sentence dated 22.12.2023 in S.C No.50/2021 on the file of the Principal District and Sessions Judge, Chitradurga, is set aside. (iii) The appellant is acquitted for the offences punishable under Sections 324 and 326 of IPC. - 6 - NC: 2025:KHC:38504 CRL.A No. 2391 of 2023 HC-KAR (iv) Bail bond executed, if any, stands cancelled. Sd/- (S RACHAIAH) JUDGE JS/- List No.: 2 Sl No.: 40

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appellant is acquitted for the offences

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 320, 374(2), 482; Indian Penal Code, 1860 — ss. 324, 326.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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