Karnataka High Court
Ibrahim M B vs The State Of Karnataka on 13 November, 2025
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CRL.A No. 1117 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1117 OF 2024 (C)
BETWEEN:
1. IBRAHIM M. B.
S/O. BEERAN KUTTY,
AGED 56 YEARS,
BUSINESSMAN,
R/O. NO.1/189,
NEAR GOWDA SAMAJA,
GANDHINAGAR,
CHOWDLU VILLAGE,
SOMWARPET TALUK,
KODAGU DISTRICT-571 236.
2. MOHAMEED RAFEEQ
S/O. IBRAHIM M.B.,
AGED 23 YEARS,
STUDENT,
R/O. NO.1/189,
NEAR GOWDA SAMAJA,
Digitally signed by
LAKSHMINARAYAN N GANDHINAGAR,
Location: HIGH COURT
OF KARNATAKA CHOWDLU VILLAGE,
SOMWARPET TALUK,
KODAGU DISTRICT-571 236.
...APPELLANTS
(BY SRI. B. S. BASAVARAJU., ADV.)
AND:
1. THE STATE OF KARNATAKA
BY DEPUTY SUPERINTENDENT OF POLICE,
SOMWARPET SUB DIVISION,
KUSHALNAGAR,
REPRESENTED BY ITS
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CRL.A No. 1117 of 2024
HC-KAR
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. H. R. KRISHNAKUMAR
S/O. H. C. RAMAKRISHNA,
AGED ABOUT 41 YEARS,
SIDDALINGAPURA VILLAGE,
THORENUR POST,
KODAGU-571 232.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1,
SRI. VIVEK S., ADV. FOR R2.)
THIS CRL.A IS FILED U/S 374(2) CR.PC PRAYING TO
CALL FOR THE RECORDS IN SPECIAL CASE NO.69/2022, ON
THE FILE OF I ADDL. DIST. AND SESSIONS JUDGE, KODAGU
AT MADIKERI PERUSE THE SAME, ALLOW THIS APPEAL, SET
ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND
SENTENCE DATED 05.06.2024 FOR THE OFFENCE P/U/S 506
R/W 34 OF IPC AND SEC. 3(1)(r) AND 3(1)(s) OF SC AND ST
(POA) ACT, 1989 AND SET THE APPELLANT AT LIBERTY.
THIS APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
This appeal is field against the judgment of
conviction and order on sentence dated 05.06.2024
passed in Spl.C. No.69/2022 by the I Addl. District and
Sessions Judge, Kodagu at Madikeri wherein the appellants
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were convicted for the offences punishable under Section
506 r/w 34 Indian Penal Code and under Section 3(1)(r)
and 3(1)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
2. In this appeal the learned counsel for the
appellants filed IA.I/2025 dated 06.11.2025 under Section
320 read with 482 of Code of Criminal Procedure to permit
the appellants to compound the offences punishable under
Section 506 r/w 34 Indian Penal Code and under Section
3(1)(r) and 3(1)(s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989,
wherein the appellants are convicted and sentenced vide
order dated 05.06.2024 in Special Case No. 69/2022 on
the file of the I Addl. District and Sessions Judge, Kodagu
at Madikeri.
3. This application is supported with a affidavit of
Ibrahim.M.B, S/o Beeran Kutty, in which he has stated
that the case and counter case were registered against the
respondent No. 2, wherein said counter case was
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registered for the offence under Section 506, 448, 504,
341 r/w 34 Indian Penal Code. Now, same is pending
before the Prl. Civil Judge and JMFC Court, Somwarpet in
C.C No.204/2023. Hence, they have agreed with
respondent No.2 to resolve the dispute. On all these
grounds sought for allowing of this application.
4. The joint affidavit has been filed by Ibrahim,
Mohammed Rafeeq and H.R. Krishnakumar, in which they
have clearly stated that case and counter case was
registered against respondent No. 2, wherein said counter
case was registered for the offence punishable under
Section 506, 448, 504, 341 read with 34 of Indian Penal
Code. Same is pending before Prl. Civil Judge and JMFC
Court, Somwarpet in C.C No. 204/2023. Hence, they
agreed to resolve the disputes. If the same was not
compounded, they will be put to great hardship, loss and
injury. On the other hand, no hardship of any kind will be
caused to the other side. Hence, they are compounding
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the counter case pending before the Prl. Civil Judge and
JMFC Court, Somwarpet in C.C No. 204/2023.
5. Further, they have submitted that they have
amicably resolved the dispute between them, by advice of
their family members and friends and well-wishers.
Pursuant to the said settlement, respondent No. 2-
Krishnakumar.H.R has agreed to withdraw the allegations
leveled against the appellants and has agreed to co-
operate with the appellants for allowing the appeal
pending before this Court and agreed to settle the matter
pending before Prl. Civil Judge and JMFC Court,
Somwarpet in C.C No. 204/2023. Since the parties have
settled the case amicably resolving the dispute as against
each other, no useful purpose is likely to be served to
continue with the proceedings of the aforesaid case. On all
these grounds sought for allowing this application.
6. The Aadhar cards also produced.
7. PW2-Krishnakumar and the appellants are
present before the Court. Advocates are present before
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the Court. The averments of the compromise petition and
contents of the affidavit read over and explained to the
appellants and Krishnakumar-PW2. Both have admitted
the contents of the affidavit and compromise petition. The
victim has entered into compromise on his free will and
volition and not on account of any duress. Since there is a
counter case between the parties, both have agreed for
compromise. Same is lawful.
8. The trial Court has convicted the accused for
the offence under Section 506 r/w 34 IPC and Section
3(1)(r) and Section 3(1)(s) of Scheduled Castes and
Scheduled Tribes (POA) Act, 1989. The trial Court has
sentenced the accused to undergo simple imprisonment
for 2 years and to pay fine of Rs.2,000/-for the offence
punishable under Section 506 of Indian Penal Code. The
accused are sentenced to undergo imprisonment for 6
months and to pay fine of Rs.1,000/- for the offence under
Section 3(1)(r) of Scheduled Castes and Scheduled Tribes
(POA) Act, 1989. Further accused are sentenced to
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undergo imprisonment for 6 months and to pay a fine of
Rs.1,000/- for the offence punishable under Section
3(1)(s) of Scheduled Castes and Scheduled Tribes (POA)
Act, 1989.
9. In view of the decision of the Hon'ble Apex
Court in the case of Ramawatar Vs. State of Madhya
Pradesh reported in (2022) 13 SCC 635, dated
25.10.2021, considering the nature and gravity of the
offences and relying on the decision of the Hon'ble Apex
Court, I proceed to pass the following:
ORDER
i) IA.I/2025 is allowed. Compromise
recorded.
ii) The judgment of conviction and order
on sentence passed by the I Addl. District and
Sessions Judge, Kodagu at Madikeri in Special
Case No. 69/2022 dated 05.06.2024 is set aside.
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iii) The appellants/accused are acquitted
for the offences punishable under Section 506
r/w 34 Indian Penal Code and Section 3(1)(r)
and 3(1)(s) of Scheduled Castes and Scheduled
Tribes (POA) Act, 1989.
iv) Fine amount, if any, shall deposited
by the accused shall be returned to them in
accordance with law.
v) Registry is directed to send the copy
of this order along with Trial Court records to the
trial Court.
In view of allowing compromise petition, the
appeal is disposed of.
Sd/-
(G BASAVARAJA)
JUDGE
KBM
