K Aruna vs State Of Karnataka
2023 Latest Caselaw 1262 Kant

                                                -1-
                                                         CRL.RP No. 670 of 2014




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 10TH DAY OF FEBRUARY, 2023
                                             BEFORE
                       THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                     CRL.RP No. 670 of 2014
                BETWEEN:
                K. ARUNA W/O LATE N. SUNDARARAJ
                AGED ABOUT 65 YEARS
                OCC: RETIERD SERVICE
                RESIDING AT NO.5052
                PRESTIGE WELLINGTON PARK
                INDIAN AIR FORCE MAIN ROAD
                GANGAMMA CIRCLE
                BANGALORE - 560 013.
                                                                     ...PETITIONER
                (BY SRI C.H. JADHAV, SR. COUNSEL FOR
                    SRI CHETAN JADHAV., ADV.)
                AND:
Digitally
signed by B A   STATE OF KARNATAKA
KRISHNA         BY J.C. NAGAR POLICE
KUMAR
Location:       REPRESENTED BY THE
High Court of   STATE PUBLIC PROSECUTOR
Karnataka
                HIGH COURT BUILDING
                BANGALORE - 560 001.
                                                                    ...RESPONDENT
                (BY SRI RAHUL RAI K, HCGP)
                      THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C, PRAYING TO
                SET ASIDE THE ORDER DATED:12.8.14 PASSED BY THE P.O., FTC-
                XIII, BANGALORE CITY IN CRL.A.NO.757/2009 AND CONFIRMING
                THE ORDER DATED:29.6.2009 PASSED BY THE 29.6.2009 PASSED
                BY THE C.M.M., BANGALORE IN C.C.NO.5372/2005.

                    THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
                COURT MADE THE FOLLOWING:

                                              ORDER

This criminal revision petition has been filed assailing the

judgment and order dated 12.08.2014 passed by the XIII Addl.

CRL.RP No. 670 of 2014

Fast Track Court, Bangalore City in Crl.A.No.757/2009, wherein

the petitioner has been convicted for the offence punishable

under Section 420 of IPC and was sentenced to undergo simple

imprisonment for a period of two months and to pay fine of

Rs.5,000/- and in default to undergo simple imprisonment for

15 days.

2. The learned Senior Counsel appearing for the

petitioner submits that the accused and the widow of the

complainant have amicably arrived at settlement and since the

parties are related to each other, he prays that they may be

permitted to compound the alleged offence. He submits that

the complainant has died on 04.12.2015 i.e., during pendency

of the criminal revision petition before this Court and the

complainant is now being represented by his wife namely Smt.

Uma Rajan. He submits that accused and Smt. Uma Rajan have

filed an application for compounding along with their respective

affidavits and prays to permit them to compound the offence .

3. The Hon'ble Supreme Court in the case of GIAN

SINGH V. STATE OF PUNJAB - (2012) 10 SCC 303 has held

that even the offences which are non-compoundable can be

permitted to be compounded if the dispute is between the

CRL.RP No. 670 of 2014

family members. The accused as well as widow of the

complainant have filed an affidavit in support of the application

filed under Section 320 R/w Section 482 of Cr.P.C., and the

parties, who are present before the Court have admitted to the

contents of the affidavit and they have also stated that at the

intervention of elders and well-wishers of the parties, they have

amicably settled the matter. Having regard to the nature of

dispute involved in the case and considering the fact that the

parties have volunteered to settle the matter between

themselves without there being any coercion or undue

influence, I am inclined to accept the compounding application

and permit the parties to compound the offence for which the

petitioner has been convicted by the XIII Addl. Fast Track

Court, Bangalore City in Crl.A.No.757/2009. Accordingly, I

proceed to pass the following:

::ORDER::

Criminal Revision Petition is disposed

of. The application under Section 320 of

Cr.P.C., filed by the parties is allowed and

they are permitted to compound the offence

for which petitioner is convicted.

CRL.RP No. 670 of 2014

Accordingly, the judgment and order

dated 12.08.2014 passed by XIII Addl. Fast

Track Court, Bangalore City in

Crl.A.No.757/2009 is set-aside and the

petitioner is acquitted of the offence

punishable under Section 420 of IPC.

SD/-

JUDGE

NMS