Karnataka High Court
Sri Basavaraj S/O Basappa vs Sri Ganesh S/O. Lingappa on 18 August, 2023
Bench: J.M.Khazipresided Byjmkj
-1-
NC: 2023:KHC-D:9128
CRL.RP No. 100269 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO. 100269 OF 2022
BETWEEN:
SRI. BASAVARAJ S/O BASAPPA,
AGED ABOUT 49 YEARS,
OCC: EDITOR "NERALU" NEWS PAPAER,
HAMPAPATNA, TALUK: H.B. HALLI,
DISTRICT: BALLARI -583212.
...PETITIONER
(BY SRI. SATHISH M.S., ADVOCATE)
AND:
SRI. GANESH S/O LINGAPPA,
AGED ABOUT 46 YEARS,
OCC: BUSINESS,
R/O: ACHARNARASAPUR,
TALUK: GANGAVATHI,
DISTRICT: KOPPAL -583268.
CHANDRASHEKAR ...RESPONDENT
LAXMAN
KATTIMANI (BY SRI. L.M. KURAHATTI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397(1) R/W 401 OF CR.P.C., SEEKING TO CALL FOR THE
RECORDS IN C.C. NO.340/2012 ON THE FILE OF ADDITIONAL CIVIL
Digitally signed by
CHANDRASHEKAR JUDGE AND JMFC, GANGAVATHI AND CRIMINAL APPEAL NO.14/2016
LAXMAN
KATTIMANI ON THE FILE OF 1 ST ADDITIONAL DISTRICT AND SESSIONS JUDGE,
KOPPAL (SITTING AT GANGAVATHI), AND ALLOW THIS PETITION BY
SETTING ASIDE JUDGMENTS OF CONVICTION AND ORDER OF
SENTENCE PASSED BY ADDITIONAL CIVIL JUDGE AND JMFC,
GANGAVATHI IN CC NO.340/2012 DATED 22.06.2016, AND ALSO
THE JUDGMENT PASSED BY 1ST ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) IN CRIMINAL
APPEAL NO.14/2016 DATED 04.03.2021, FOR THE OFFENCE
PUNISHABLE U/S 500, 501 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC-D:9128
CRL.RP No. 100269 of 2022
ORDER
Petitioner/accused and respondent/complainant are
present before the Court. Both learned counsel
representing them are also present.
2. This is a revision petition filed u/sec.397 Cr.P.C.
challenging the conviction and sentence of
petitioner/accused for the offences punishable u/sec.500
and 501 IPC, by the trial Court which came to be
confirmed in Criminal Appeal No.14/2016 by the Sessions
Court.
3. Now, the parties have compromised and filed a
compromise petition u/sec.320(1) of Cr.P.C., duly signed
by both parties and their counsel. The compromise petition
reads as under:
"The petitioner (accused) and respondent
(complainant), hereby submits the joint compromise
petition under Section 320 of Code of Criminal
Procedure as follows:
1. The petitioner (accused) has filed the above
petition seeking to set-aside judgments of conviction
NC: 2023:KHC-D:9128
CRL.RP No. 100269 of 2022
and order of sentence passed by Additional Civil
Judge & JMFC, Gangavathi in C.C No.340/2012 dated
22-06-2016, and also the judgment passed by I
Additional District & Sessions Judge, Koppal (sitting
at Gangavathi) in Criminal Appeal No.14/2016 dated
04-03-2021.
2. It is hereby submitted that the complainant had
filed private complaint under Section 200 of Cr.P.C.
against the petitioner herein before the Court of
Additional Civil Judge & JMFC, Gangavathi in
C.C.No.340/2012 for the offences punishable under
Section 500, 501 & 502 of IPC, now with the
intervention of the elders and well-wishers the
petitioner as well as respondent have agreed to
compromise the matter and thereby agreed to settle
the differences between them before this Hon'ble
Court. Hence this compromise petition.
3. It is submitted that the respondent has agreed to
withdraw all the allegations made against petitioner
and has agreed to discharge the petitioner from the
criminal proceedings in C.C.No.340/2012 on the file
of Additional Civil Judge & JMFC, Gangavathi.
4. It is submitted that in view of the compromise the
petitioner is the only accused, hence petitioner seeks
to set-aside the impugned judgments as sought in
the above petition in accordance with law.
NC: 2023:KHC-D:9128
CRL.RP No. 100269 of 2022
5. The contents of this compromise petition is read
over and explained to both petitioner as well as
respondent and they have accordingly agreed in
terms as mentioned above with free consent and will.
6. Therefore this Hon'ble court may be pleased to
accept the compromise petition and to set-aside
judgments of conviction and order of sentence
passed by Additional Civil Judge & JMFC, Gangavathi
in C.C No.340/2012 dated 22-06-2016, and also the
judgment passed by I Additional District & Sessions
Judge, Koppal (sitting at Gangavathi) in Criminal
Appeal No.14/2016 dated 04-03-2021, thereby
acquit the petitioner in the interest of justice and
equity."
4. Both parties admit the compromise and
execution. The terms and conditions of the compromise
are legal and equitable. Consequently, the compromise is
accepted. In the light of the compromise, I proceed to
pass the following:
ORDER
The criminal revision petition is allowed in
terms of compromise.
NC: 2023:KHC-D:9128
CRL.RP No. 100269 of 2022
The impugned judgment and order of
conviction in C.C.No.340/2012 dated
22.06.2016, which is confirmed in Criminal
Appeal No.14/2016 dated 04.03.2021 are set
aside. Petitioner/accused is acquitted of the
offences punishable u/sec.500 and 501 of IPC.
Registry is directed to send back the trial
Court records along with copy of this order
forthwith.
Sd/-
JUDGE
CLK
