- 1 - HC-KAR NC: 2025:KHC:19832 CRL.A No. 1025 of 2023 C/W CRL.RP No. 698 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1025 OF 2023 C/W CRIMINAL REVISION PETITION No. 698 OF 2015 IN CRL.A No. 1025/2023 BETWEEN: SRI HEMACHANDRA SINGH S/O RAMA SINGH AGED ABOUT 32 YEARS R /O No.1694, GAYATHRI SCHOOL ROAD VIJANAPURA BANGALORE - 560 060. …APPELLANT (BY SRI SHOWRI H R, ADVOCATE) AND: THE STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE BANGALORE – 560 106 REP BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI M DIWAKARA MADDUR, HCGP) THIS CRL.A IS FILED UNDER SECTION 374(4) OF Cr.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT, CONVICTION AND SENTENCE DATED:25.8.14 PASSED BY THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19832 CRL.A No. 1025 of 2023 C/W CRL.RP No. 698 of 2015 P.O., FTC-V, BANGALORE CITY IN CRL.A.No.119/13 AND THEREBY ACQUIT THE PETIONER/ACCUSED No.1 IN PASSED IN 10TH ACMM AT BENGALURU IN C.C.No.22595/2004 DTD. 19.06.2022 AND ETC., IN CRL.RP No. 698/2015 BETWEEN: STATE BY RAMMURTHY NAGAR POLICE STATION BANGALORE - 560 016. ...PETITIONER (BY SRI M DIWAKARA MADDUR, HCGP) AND: HEMACHANDRA SINGH S/O RAMASINGH 32 YEARS R/O No. 1694 GAYATHRI SCHOOL ROAD VIJANAPURA BANGALORE – 560 016. ...RESPONDENT (BY SRI SHOWRI H R, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO MODIFY THE JUDGMENT AND ORDER DATED 25.08.2014 PASSED IN CRL.A.No.119/2013 ON THE FILE OF THE F.T.C.(SESSIONS) JUDGE-V, BANGALORE CITY IN SO FAR AS IT RELATES TO IMPOSING INADEQUATE SENTENCE ON THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A) OF IPC AND SEC. 3 AND 4 OF D.P. ACT AND ETC., THIS CRL.A AND CRL.RP COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19832 CRL.A No. 1025 of 2023 C/W CRL.RP No. 698 of 2015 CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. Criminal Appeal No. 1025/2023 is filed by appellant – accused No. 1 challenging the judgment of conviction and order on sentence dated 25.08.2014 passed in Crl.A. No. 119/2013 by Fast Track Judge V at Bangalore wherein this appellant – accused No. 1 has been convicted for offence under Section 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act (hereinafter for the sake of brevity referred to as the D.P. Act). 2. On the complaint of Smt. Hemavathi Bai case came to be registered against the appellant – accused No. 1 and others and after investigation charge sheet has been filed against them for offence under Section 498-A read with Section 34 of IPC and Section 3 and 4 of D.P. Act. Pursuant to the charge sheet, case came to be registered against them in C.C. No. 22595/2004. In the said criminal case, appellant - accused No. 1 and accused Nos. 4 and 5 have been acquitted for offence punishable under Section - 4 - HC-KAR NC: 2025:KHC:19832 CRL.A No. 1025 of 2023 C/W CRL.RP No. 698 of 2015 498-A read with Section 34 of IPC and Section 3 and 4 of D.P. Act. The State has preferred an appeal challenging the said judgment of acquittal of the accused in Crl. A. No. 119/2013 before the Fast Track Court - V, wherein this appellant - accused No. 1 has been convicted for offence under Section 498-A of IPC and Section 3 and 4 of D.P. Act. Judgment of acquittal of accused Nos. 4 and 5 has been affirmed in the said appeal. 3. The State has preferred Crl.R.P. No. 698/2015 against the inadequacy of sentence imposed on the respondent – accused No.1 for offence under Section 498- A of IPC and Section 3 and 4 of D.P. Act. 4. Application under Section 482 of Cr.P.C. has been filed by the learned counsel for the appellant – accused No. 1. Said application is supported by Joint affidavit of appellant – accused No. 1 and Smt. Hemavathi Bai (complainant). Appellant – accused No. 1 and Smt. Hemavathi Bai are present before the court. Said Smt. Hemavathi Bai has furnished her ID for the purpose of her - 5 - HC-KAR NC: 2025:KHC:19832 CRL.A No. 1025 of 2023 C/W CRL.RP No. 698 of 2015 identity. She further submits that she has settled the matter with the appellant – accused No.1 and the same has been recorded in M.C. No. 3666/2020 on the file of VI Additional Principal Judge, Family Court, Bengaluru. She further submits that she has settled the matter with the appellant – accused No. 1 who is her husband and submits that the offence for which the appellant – accused No. 1 is convicted be compounded. 5. On perusal of the documents produced by the learned counsel for appellant – accused No. 1, the matrimonial case filed by Smt. Hemavathi Bai against the appellant – accused No. 1 seeking dissolution of marriage has been disposed of, accepting the mediation settlement report dated 20.06.2024. Said mediation report is also produced, wherein it is noted that the settlement has been arrived between the parties, wherein Smt. Hemavathi Bai, has agreed to cooperate in the closing of Crl.A. No. 1025/2023 and Crl.R.P. No. 698/2015 filed by the State. - 6 - HC-KAR NC: 2025:KHC:19832 CRL.A No. 1025 of 2023 C/W CRL.RP No. 698 of 2015 6. In view of settlement between the appellant – accused No. 1 and Smt. Hemavathi Bai (complainant), the following; O R D E R i. Crl.A. No. 1025/2023 is disposed off. ii. Offence under Section 498-A and Section 3 and 4 of DP Act are compounded. iii. Said order of compounding is passed by exercising inherent powers under Section 482 of Cr.P.C. iv. In view of compounding recorded In Crl.A. No. 1025/2023, the petition filed by the State challenging the impugned judgment on the ground of inadequacy of sentence does not survive for consideration and accordingly Crl.R.P. No. 698/2015 is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 20