Karnataka High Court
Shrikant Buddu Kodarkar vs The State Of Karnataka on 18 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.RP No. 100283 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100283 OF 2025
(397(CR.PC)/438(BNSS))
BETWEEN:
1. SHRIKANT BUDDU KODARKAR,
AGE. 51 YEARS, OCC. FISHERMEN,
R/O. SEA BIRD COLONY, MUDAGA,
TQ. KARWAR,
DIST. UTTAR KANNADA-581 301.
2. SMT. MANGALA SHRIKANT KODARKAR,
AGE. 40 YEARS, OCC. FISHERMEN,
R/O. SEA BIRD COLONY, MUDAGA,
TQ. KARWAR,
Digitally
signed by
RAKESH S
DIST. UTTAR KANNADA-581 301.
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
... PETITIONERS
DHARWAD
BENCH
(BY SRI. VENKATESH M. KHARVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY H.G.P,
BY KARWAR RURAL P.S.,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 001.
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CRL.RP No. 100283 of 2025
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2. KAMALA W/O BUDDUKODARKAR,
AGE. 70 YEARS, OCC. HOUSE WIFE,
R/O. SEA BIRD COLONY, MUDUGA,
KARWAR, DIST. UTTAR KANNADA.
... RESPONDENT
(BY SMT. MALA B. BHUTE, AGA FOR R1;
SRI. DHANAJAY MADAR, ADVOCATE FOR R2)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W
442 OF BNSS), PRAYING TO CALL FOR THE ENTIRE RECORDS
ON THE FILE OF LEARNED CHIEF JUDICIAL MAGISTRATE
KARWAR IN CC NO.292/2014, 22.03.2017 FOR THE OFFENCES
UNDER SECTIONS 326, 324, 504 AND 506 R/W SECTION 34 OF
IPC AND TO ALLOW THIS PETITION BY SETTING ASIDE
JUDGMENT DATED 27.06.2025 PASSED BY THE PRL. DISTRICT
AND SESSIONS JUDGE KARWAR, IN CRL. APPEAL NO.15/2017
AND CONSEQUENTLY SET ASIDE THE JUDGMENT DATED
22.03.2014 PASSED BY LEARNED CHIEF JUDICIAL MAGISTRATE
KARWAR IN CC NO.292/2014 FOR THE OFFENCES UNDER
SECTIONS 326, 324, 504 AND 506 R/W SECTION 34 OF IPC, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR FINAL HEARING, THIS
DAY, ORDER IS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1 and 2 are before this Court in this
criminal revision petition filed under Section 397 read with
Section 401 of Cr.P.C. with a prayer to set aside the
judgment and order of conviction and sentence dated
22.03.2017 passed by the Court of Chief Judicial Magistrate,
Karwar, in C.C. No.292 of 2014 and the judgment and order
dated 27.06.2025 passed by the Court of Principal District
and Sessions Judge, Uttara Kannada, Karwar in Criminal
Appeal No.15 of 2017.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioners and learned
counsel for respondent No.2 jointly submit that dispute
between the parties, who are close relatives, has been
settled amicably at the intervention of elders and well
wishers of both the parties. Alleged offences are
compoundable in nature. They submit that parties have filed
an application under Section 320(2) of Cr.P.C. seeking
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permission of this Court to permit the parties to compound
the offences for which the petitioners have been convicted
in the present case. They submit that in view of the
settlement between the parties, the judgment and order of
conviction and sentence may be set aside.
4. Learned HCGP does not oppose the prayer made
by the parties.
5. Petitioners herein were tried in C.C. No.392 of
2014 by the Court of Chief Judicial Magistrate, Karwar, for
offences punishable under Sections 326, 324, 504, 506 read
with Section 34 of IPC and by judgment and order dated
22.03.2017, the petitioners were convicted for offences
punishable under Sections 326, 324, 504, 506 read with
Section 34 of IPC and for the offence punishable under
Section 326 of IPC, petitioners were sentenced to undergo
rigorous imprisonment for a period of two years and pay
fine of ₹4,000/- each and in default, to undergo rigorous
imprisonment for a period of six months. For the offence
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punishable under Section 324 with Section 34 of IPC,
petitioners were sentenced to undergo simple imprisonment
for a period of one year and pay fine of ₹2,000/- each and
in default, to undergo simple imprisonment for a period of
one month. For the offence punishable under Section 504
read with Section 34 of IPC, petitioners were sentenced to
undergo simple imprisonment for a period of six months
and pay fine of ₹1,000/- each and in default, to undergo
simple imprisonment for a period of one month. For the
offence punishable under Section 506 read with Section 34
of IPC, petitioners were sentenced to undergo simple
imprisonment for a period of one year and to pay fine of
₹1,000/- each and in default, to undergo simple
imprisonment for a period of three months.
6. The Appellate Court in Criminal Appeal No.15 of
2017 has modified the judgment and order of conviction
and sentence passed by the Trial Court vide the impugned
judgment and order dated 27.06.2025 and has partly
allowed the appeal. The Appellate Court has acquitted the
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petitioners for offence punishable under Section 506 read
with Section 34 of IPC and the conviction for offence
punishable under Section 326 of IPC was modified to
conviction under Section 325 of IPC, and for the said
offences, the petitioners were sentenced to undergo
rigorous imprisonment for a period of one year and pay fine
of ₹4,000/- each and in default, to undergo simple
imprisonment for a period of three months. The order of
conviction passed by the Trial Court for the offence
punishable under Sections 324 and 504 of IPC was
confirmed but the sentence passed by the Trial Court for
the said offence was modified and reduced to payment of
fine only.
7. Petitioner No.1 is the son of injured victim Smt.
Kamala Kodarkar (PW2) and petitioner No.2 is the wife of
petitioner No.1. The parties, who are close relatives have
settled their inter se dispute at the intervention of elders
and well wishers of both the parties. It is stated by the
learned counsels appearing for the parties that petitioners
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and PW2 are now residing together. Therefore, they intend
to give a quietus to their inter se dispute and live peacefully
in future.
8. The parties, who are present before the Court in
person, are identified by their respective advocates.
9. The application filed seeking permission of this
Court to compound the offence for which the petitioners
have been convicted is supported by the affidavit of the
respondent No.2 / injured victim (PW2). The application
filed under Section 320(2) of Cr.P.C., which is supported by
the affidavit of respondent No.2 is taken on record. In
paragraph Nos.2 to 5 of the application, it is stated as
follows:
and 2 before Trail Court. That the complainant /
Respondent No.2 is mother of Accused No.1 and
Mother in law of the Accused No.2. Meantime
during the pendency of the revision petition,
after intervention of the elders and well-wishers
of complainant and petitioners, they have
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amicably compromised the matter out of court
and the complainant intend to not to prosecute
the matter in future.
3. That the petitioners are agreed to look
after the complainant during her old age and
now the complainant is residing with petitioners
house and they want to maintain good
relationship between them and the complainant
hereby agreed to not to file any criminal case
against the petitioners. Hence the complainant
filed this application to compound the offence.
4. Both parties submit that, complainant
and the appellant in order to maintain relation
and maintain good condition in future want to
settle the matter amicably between them and
complainant have not filing the any criminal case
against the petitioners.
5. That the parties have settled their
dispute out of court and there is no ill-will
between both the complainant and petitioners
resolved their disputes amicably. Accordingly the
complainant and petitioners have filed separate
joint memo along with this application."
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10. Sub Section (6) of Section 320 of Cr.P.C.
provides for the High Court or Sessions Court to permit the
parties to compound any offence, if such person is
competent to compound the offences, exercising revisional
powers under Section 401 of Cr.P.C. The offences for which
the petitioners have been convicted, are all compoundable
in nature.
11. Considering the relationship between the parties
and also since it is stated before this Court that settlement
between the parties is voluntary, without there being any
undue influence and coercion, I am of the opinion that
prayer made in the application seeking permission of this
Court to permit the parties to compound the alleged
offences, needs to be granted. Accordingly, the following:
ORDER
I.A. No.2 of 2025 filed by the parties to this petition
under Section 320(2) of Cr.P.C. seeking permission of the
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Court to permit them to compound the offences for which
the petitioners are convicted by the Courts below is allowed.
Consequently, the judgment and order of conviction
and sentence dated 22.03.2017 passed by the Court of
Chief Judicial Magistrate, Karwar, in C.C. No.292 of 2014
and the judgment and order on conviction and sentence
dated 27.06.2025 passed by the Court of Principal District
and Sessions Judge, Uttara Kannada, Karwar in Criminal
Appeal No.15 of 2017 are set aside and the petitioners are
acquitted of the alleged offences.
Bail bond, if any, of the petitioners is directed to be
cancelled.
Fine amount, if any, deposited by the petitioners, shall
be refunded to them.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH / CT:BCK
