- 1 - NC: 2025:KHC:10159 CRL.RP No. 954 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 954 OF 2019 (397(Cr.PC) / 438(BNSS)) BETWEEN: K MAHESHA S/O KALLEGOWDA AGED ABOUT 70 YEARS, R/O BHUTHANAKADU MACHAGONDANAHALLI VILLAGE HANDI POST, ALDUR HOBLI, CHIKKAMAGALURU TALUK-577111 …PETITIONER (BY SRI.SUYOG HERELE.E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MUDIGERE POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BANGALORE-560001 2. PRATHAMIKA KRISHI PATTINA SAHAKARA SANGHA NIYAMIT, BIDARAHALLI, MUDIGERE TALUK, CHIKMAGALUR-577132 REPRESENTED BY ITS AUTHORIZED SIGNATORY …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.N.SHANKARANARAYANA BHAT, ADVOCATE FOR R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10159 CRL.RP No. 954 of 2019 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT AND THE ORDER DATED 24.06.2019 PASSED BY THE II ADDITIONAL, DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU, IN CRL.A.NO.181/2015, THEREBY CONFIRMING THE ORDER DATED 23.11.2015 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT MUDIGERE IN C.C.NO.1080/2004 AND CONSEQUENTLY ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER As per the directions of this Court by order dated 05.03.2025 the petitioner and respondent No.2 are present. 2. Learned HCGP is present. 3. The compromise petition is filed on 25.02.2025, according to which the amount due to respondent No.2- society is paid and respondent No.2-society has passed a resolution to withdrawn the complaint. The offence alleged against the petitioner is for the offence punishable under Section 408 of IPC, which is compoundable with the permission of the Court. - 3 - NC: 2025:KHC:10159 CRL.RP No. 954 of 2019 4. In the light of the compromise petition, filed under Section 320 r/w 482 of Cr.P.C, duly signed by both petitioner and respondent No.2 and their respective counsel, supported by affidavits of the petitioner/accused and respondent/complainant, the parties have sought permission to compound the offence punishable under Section 408 of IPC, set aside the judgment and order passed by the trial Court as well as Sessions Court and acquit the accused. 5. Respondent No.2 who is CEO of respondent No.2-society is present and submits that matter is compromised and he has no objections to allow the petition and acquit the petitioner/accused. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, the following: ORDER (i) The petition filed under Section 397 r/w Section 401 Cr.P.C is allowed. - 4 - NC: 2025:KHC:10159 CRL.RP No. 954 of 2019 (ii) The judgment and order dated 24.06.2019 in Crl.A.No.181/2015 on the file of II Addl.District and Sessions Judge, Chikkamagaluru, and judgment and order dated 23.11.2015 in C.C.No.1080/2004 on the file of Prl.Civil Judge and JMFC, Mudigere, are set aside. (iii) Petitioner/accused is acquitted for the offence punishable under Section 408 of IPC. (iv) The Registry is directed to send back the trial Court as well as Sessions Court records along with copy of this order forthwith. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 17