Mohammad Hanifa Shaikh S/O School Abdul ... vs State Of Karnataka
2025 Latest Caselaw 5461 Kant

Karnataka High Court

Mohammad Hanifa Shaikh S/O School Abdul ... vs State Of Karnataka on 24 March, 2025

Author: V.Srishananda

Bench: V.Srishananda

                                                     -1-
                                                                  NC: 2025:KHC-D:5405
                                                           CRL.RP No. 100140 of 2023




                                  IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                              DATED THIS THE 24TH DAY OF MARCH, 2025

                                                  BEFORE

                              THE HON'BLE MR. JUSTICE V.SRISHANANDA

                         CRIMINAL REVISION PETITION NO.100140 OF 2023
                                    (397(Cr.PC)/438(BNSS))

                       BETWEEN:

                       MOHAMMAD HANIFA SHAIKH
                       S/O. SCHOOL ABDUL RAZAK TALIBA,
                       AGED ABOUT 49 YEARS,
                       JAIL ROAD, N.R PURA,
                       CHIKMANGALURU-577134.
                                                                          ...PETITIONER
                       (BY SRI SUNILKUMAR P. BANGARI, ADVOCATE)

                       AND:

                       STATE OF KARNATAKA
                       BHATKAL RURAL POLICE,
                       BHATKAL-581320,
                       (REPRESENTED BY STATE PUBLIC PROSECUTOR,
                       HIGH COURT BUILDING, DHARWAD-580011.
         Digitally
         signed by V
         N BADIGER
                       NOTE. IN CRIMINAL APPEAL NO. 57/2007 THE RESPONDENT
VN
BADIGER Date:
        2025.03.29     POLICE NAME IS NOT MENTIONED AND THE RESPONDENT POIICE
         11:52:21
         +0530
                       IS BHATKAL RURAL POLICE.
                                                                        ...RESPONDENT
                       (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

                             THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 r/w. 401
                       OF CR.P.C., SEEKING TO CALL FOR RECORDS OF THE COURT BELOW
                       PERUSE THE SAME SET ASIDE THE JUDGMENT AND ORDER DATED
                       07.08.2021 PASSED IN CRIMINAL APPEAL NO. 57/2007 ON THE FILE OF
                       THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTARA
                       KANNADA, KARWAR AND CONSEQUENTLY AND SET ASIDE THE
                       JUDGMENT AND ORDER OF CONVICTION AND SENTENCES DATED
                       01.03.2007 PASSED IN CC NO. 358/2005 ON THE FILE OF THE JMFC
                       BHATKAL AND CONSEQUENTLY ACQUIT THE PETITIONER FROM
                       OFFENCES PUNISHABLE UNDER SECTIONS 498(A) AND 506 OF IPC BY
                       ALLOWING THIS CRIMINAL REVISION PETITION AND HE MAY BE SET AT
                       LIBERTY.
                             -2-
                                          NC: 2025:KHC-D:5405
                                  CRL.RP No. 100140 of 2023




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

                      ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Both the parties are present with their respective

Advocates.

2. Taking note of the fact that accused has been

convicted for the offence punishable under Section 498A

and 506 of IPC, which was confirmed by the First Appellate

Court, further, taking note of the fact that victim is

remarried, presence of the victim was secured before the

Court.

3. Victim is agreeable to take reasonable amount

of compensation in lieu of setting aside the imprisonment

period of two years ordered by the learned Trial Magistrate

confirmed by the First Appellate Court.

4. Following the principles of law enunciated in the

case of Ramgopal and another v. State of Madhya

Pradesh reported in (2022) 14 SCC 531 noting the fact

NC: 2025:KHC-D:5405

that lis is privy to the parties, order recorded by the

learned Trial Magistrate confirmed by the First Appellate

Court needs to be modified by directing the revision

petitioner to pay enhanced fine amount which could be

paid as compensation to the victim.

5. Accordingly, in this regard, a memo came to be

filed by learned counsel for the petitioner. Memo reads as

under:

"The counsel appearing for the petitioner most respectfully submits that, the petitioner is ready to pay the enhanced compensation amount of Rs.50,000/- if the reasonable time is granted. Hence, prays to accept the same and the memo may kindly be pleased taken on record in the interest of justice and equity."

6. Placing the memo on record, following:

ORDER

i. Revision petition is allowed in part.

ii. While maintaining the conviction of the revision petitioner passed by the learned Trial Magistrate confirmed by the First Appellate Court for the offences punishable under Section 498A and

NC: 2025:KHC-D:5405

506 of IPC, custody period of nine days undergone by the revision petitioner is treated as period of imprisonment for the aforesaid offences by enhancing the fine amount in a sum of Rs.50,000/-.

iii. Remaining period of sentence stands set aside.

iv. Time is granted to pay the enhanced fine amount till 30.04.2025.

v. Failure to deposit the enhanced fine amount on or before 30.04.2025 would result in automatic restoration of the order passed by the learned Trial Magistrate confirmed by the First Appellate Court.

vi. After deposit of the enhanced fine amount, entire fine amount of Rs.50,000/- is ordered to be paid as compensation to P.W.1 - Sayeed Nusrath under due identification.

vii. Office is directed to return the Trial Court Records with copy of this order forthwith for issuing modified conviction warrant.

SD/-

(V.SRISHANANDA) JUDGE

KAV CT:PA