Karnataka High Court
Sri.Veerupaxagouda vs Smt.Lakshmi on 10 August, 2023
Bench: J.M.Khazipresided Byjmkj
-1-
NC: 2023:KHC-D:8756
CRL.RP No. 100255 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 100255 OF 2016
BETWEEN:
1. SRI. VEERUPAXAGOUDA
S/O. BASANGOUDA PATIL,
AGE: 61 YEARS,
OCC: SERVICE AND AGRICULTURE,
R/O: MYSORE CITY CHAMARAJ MOHALLA,
BOGADI BADAVANE, 1ST STAGE 6TH PHASE
SHARADA DEVI NAGAR,
LIG-2 MODEL, HOUSE NO.844, MYSORE.
2. SMT. PARVATI G. BIDARI,
AGE: 40 YEARS, OCC: HOUSE HOLD WORK,
CHAMARAJ MOHALLA, BOGADI BADAVANE,
1ST STAGE 6TH PHASE, SHARADA DEVI NAGAR,
LIG-2 MODEL, HOUSE NO.844, MYSORE.
CHANDRASHEKAR
LAXMAN ...PETITIONERS
KATTIMANI (BY SRI. N.P. VIVEKMEHTA, ADVOCATE)
AND:
Digitally signed by
CHANDRASHEKAR
LAXMAN SMT. LAKSHMI
KATTIMANI KOM VEERUPAKXAGOUDA PATIL,
Date: 2023.08.11
16:00:21 -0700 AGE: 55 YEARS,OCC: HOUSEHOLD,
SHEELAVANT-SOMAPUR VILLAGE,
TQ: SHIGGAON, DIST: HAVERI.
...RESPONDENT
(BY SRI. C.M. HEREKUNI, ADVOCATE FOR
SRI. SUNIL S. DESAI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 (1) R/W SEC. 401 OF CR.P.C., SEEKING TO SET
ASIDE THE ORDER OF THE I ADDL. DISTRICT AND SESSION
-2-
NC: 2023:KHC-D:8756
CRL.RP No. 100255 of 2016
JUDGE HAVERI, DT. 30/08/16 DISMISSING THE CR.APPEAL
NO. 86/15 AND CONFIRMING THE JUDGMENT & ORDER OF
COURT OF THE CIVIL JUDGE & JMFC SHIGGAON DT. 18/9/2015
PASSED IN C.C.NO. 257/2009.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition is filed challenging the
conviction and sentence of petitioners/accused for the
offence punishable under Sections 494 of IPC and the same
is confirmed by the Sessions Court in criminal appeal
No.86/2015. Now the parties have settled the matter
between them and they have filed joint memo before Lok-
Adalath dated 12.11.2022, agreeing among other things to
withdraw the criminal case filed against the
petitioners/accused and filed a joint petition seeking
divorce. Accordingly, they have filed joint petition seeking
decree of divorce in M.C.No.75/2022. Since the offences for
which the petitioners/accused are convicted i.e punishable
under section 494 IPC is compoundable only with the
permission of the Court, now they have filed compromise
NC: 2023:KHC-D:8756
CRL.RP No. 100255 of 2016
petition under Section 320 of Cr.P.C. to grant permission to
compound the offences and acquit the petitioners/accused.
2. It is submitted that as per the compromise
entered into between the parties, the petitioner No.1 has
deposited sum of Rs.5,00,000/- as permanent alimony
before M.C.No.75/2022 before Senior Civil Judge, JMFC
Shiggaov and same has been withdrawn by the
respondent.
3. In the light of compromise entered into
between the parties, permission is granted to compound
the offence under Section 494 of IPC.
4. The impugned judgment and order of the trial
Court and Sessions Court is set-aside. The
petitioners/accused are acquitted for the offences
punishable under Section 494 of IPC. Their bail bond stands
discharged. Accordingly, the petition is allowed.
Sd/-
JUDGE
