- 1 - HC-KAR NC: 2025:KHC:20603 CRL.RP No. 593 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 593 OF 2025 BETWEEN: 1. MUNIYAMMA W/O RAJU 60 YEARS. 2. MANJUNATHA @ MANJU S/O RAJU 40 YEARS. 3. VINAYAKA S/O RAJU 35 YEARS ALL THE PETITIONERS ARE RESIDENTS OF CHANDRAMAVINAKOPPALU, SAGAR TOWN SHIVAMOGGA DISTRICT – 577 470. …PETITIONERS (BY SRI ABDULLA T I, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SAGAR TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001. 2. SMT. AMLA AGED 37 YEARS WIFE OF NAGARAJA J P NAGARA WATER TANK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20603 CRL.RP No. 593 of 2025 SAGAR TOWN SHIVAMOGGA DISTRICT – 577 470. …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1, SRI N SURESHA, ADVOCATE FOR R2) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE JUDGEMENT AND ORDERS OF CONVICTION DATED 22-11-2024 PASSED IN CC No.515/2018 BY THE PRINCIPAL CIVIL JUDGE AND JMFC, SAGARA AND THE JUDGEMENT AND ORDERS DATED 1-3-2025 IN CRIMINAL APPEAL No.10051/2024 PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT SAGARA AND ALLOW THIS REVISION PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Petitioner Nos.1 to 3 –accused Nos. 1 to 3 have filed this Criminal Revision Petition challenging the judgment dated 01.03.2025 passed in Crl.A.No.10051/2024 by the V Additional District and Sessions Judge, Shivamogga sitting Sagar wherein the judgment of conviction of petitioners for offences punishable under Sections 323, 324, 341, 354, 504 and 506 read with Section 34 of Indian Penal Code (herein after referred to as “IPC” for brevity) has been confirmed. - 3 - HC-KAR NC: 2025:KHC:20603 CRL.RP No. 593 of 2025 2. Petitioners Nos.1 to 3 and respondent No.2 are present. Learned counsel for the petitioner and learned counsel for respondent No.2 are present. 3. The application under Section 359 read with Section 528 of BNSS for compounding offences punishable under Sections 323, 324, 341, 354, 504 and 504 of IPC is filed (I.A.No.2/2025). The said application is supported by affidavits of petitioner No.2 and respondent No.2. Respondent No.2 is present before the Court and submits that she is victim and she settled the matter with petitioners. She submits that in view of settlement she has received demand draft for a sum of Rs.2,50,000/-(rupees Two Lakhs Fifty Thousand only) from petitioners drawn in her name. 4. Learned counsel for petitioners placed reliance on the decision of the Hon’ble Apex Court in the case of the Gian Singh Vs State of Punjab1 "Sections 482 and 320 quashing of non- compoundable offences in view of the compromise between the parties. High Court 1 Reported in (2012) 10 SCC 303 - 4 - HC-KAR NC: 2025:KHC:20603 CRL.RP No. 593 of 2025 can quash criminal proceedings under Section 482 even though offence alleged is non- compoundable if parties have amicably settled their dispute and victim has no objection. Further, this would depend on facts of each case. Offences which involve moral turpitude, grave offences like rape, murder cannot be effaced bu quashing proceedings because they have harmful effect on society and are not restricted to two individuals or groups. Quashing of such offences may send a wrong signal to society. However, where High Court is convinced that offences are entirely personal in nature not affecting public peace and tranquility and quashing of proceedings on account of compromise would secure ends of justice, it may quash the same. In such cases, prosecution becomes lame and pursuing such lame prosecution becomes waste of time and energy and also likely to unsettle compromise and obstruct restoration of peace. On facts, in the criminal appeal before the Supreme Court, though offences under Sections 326 and 307 IPC are uncompoundable, but considering compromise petition filed by parties, and fact that they were neighbours and living peacefully, pending proceedings directed to be quashed." - 5 - HC-KAR NC: 2025:KHC:20603 CRL.RP No. 593 of 2025 5. The offences for which petitioners are convicted, except offences punishable under Sections 324 and 354 are compoundable. Offences punishable under Sections 324 and 354 of IPC are not compoundable. However, applying dictum laid down in Gian Singh (supra), parties are permitted to compound offences punishable under Sections 324 and 354 of IPC. 6. In view of the above, the following ORDER i) IA No.2/2025 is allowed. ii) Consequently, impugned judgments of conviction and sentence passed in C.C.No.515/2018 dated 22.11.2024 by the Principal Civil Judge and JMFC, Sagar and affirmed in Criminal Appeal No.10051/2024 by the V Additional District and Sessions Judge, Shivamogga sitting at Sagar are set aside. iii) Petitioners and respondent No.2 are permitted to compound offence as referred above. - 6 - HC-KAR NC: 2025:KHC:20603 CRL.RP No. 593 of 2025 iv) Petitioners are acquitted for offence punishable under Sections 323, 324, 354, 341, 504 and 506 read with Section 34 of IPC. v) The fine amount, if any, deposited by the petitioner before the trial Court is ordered to be confiscated to the State as expenses of the litigation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 53