- 1 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 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 APPEAL NO. 100534 OF 2025 (C) BETWEEN: 1. PRADEEP S/O NEELAPPA MALAGI, AGE. 30 YEARS, OCC. COOLIE, R/O. NEGINHAL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. 2. YALLAVVA NEELAPPA MALAGI, AGE. 47 YEARS, OCC. COOLIE, R/O. NEGINHAL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … APPELLANTS (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, BAILHONGAL POLICE STATION, R/BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. RENUKA SURESH KOLAKAR, AGE. 40 YEARS, OCC. LABOURER, R/O. NEGINHAL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 3. SAVITA W/O PRADEEP MALAGI, AGE. 19 YEARS, OCC. HOUSEHOLD WORK, R/O. NEGINAL, TQ. BAILHONGAL, DIST. BELAGAVI. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. NAVEEN CHATRAD, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C. (UNDER SECTION 415(2) OF BNSS, 2023,) PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 18.08.2025 PASSED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I BELAGAVI, IN SPL.C.NO.282/2022 CONVICTING THE ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354(A), 354(D), 341, 504, 509 R/W SECTION 34 OF IPC AND SECTION 12 OF THE POCSO ACT 2012 AND ACCUSED NO.2 FOR THE OFFENCES PUNISHABLE UNDER SECTION 504 OF IPC AND CONSEQUENTLY ACQUIT THE APPELLANT NO.1/ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354(A)(D), 341, 504, 509 OF IPC AND SECTION 12 OF THE POCSO ACT 2012 APPELLANT NO.2/ACCUSED NO.2 FOR THE OFFENCES PUNISHABLE UNDER SECTION 504 OF IPC IN THE INTEREST OF JUSTICE AD EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 have preferred this appeal under Section 374(2) of Cr.P.C. read with Section 415(2) of BNSS, 2023, with a prayer to set aside the judgment and order of conviction and sentence dated 18.08.2025 passed by the Court of Additional District and Sessions Judge, FTSC I, Belagavi in Special Case No.282 of 2022, wherein the appellant No.1 has been convicted for the offences punishable under Section 354A, 354D, 341, 504, 509 read with Section 34 of IPC and Section 12 of POCSO Act and appellant No.2 has been convicted for offence punishable under Section 504 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the appellants and learned counsel for respondent No.3, who is the victim in the present case jointly submit that dispute between the parties has been amicably settled at the intervention of well - 4 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 wishers of both the parties. During the pendency of this appeal, the appellant No.1 has now married the victim girl, who had attained the age of majority. Their marriage solemnized on 16.05.2025, is subsequently registered on 06.06.2025 before the Office of Jurisdictional Registrar of Marriages at Bailhongal. They submit that having regard to the settlement between the parties, they have now filed an application before this Court under Section 320 of Cr.P.C. seeking permission of this Court to compound the alleged offences for which appellants have been convicted and a joint affidavit of the appellant No.1 and his wife, who is the victim in the present case is also filed. They accordingly pray to allow this appeal. 4. Per contra, learned HCGP submits that appellants have been convicted for non-compoundable offences. 5. Appellant No.1 is the son of appellant No.2. They were tried before the Court of Additional District and Sessions Judge, FTSC – I, Belagavi in Special Case No.282 - 5 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 of 2022, for offences punishable under Sections 354A, 354D, 341, 504, 509 read with Section 34 of IPC and Section 12 of POCSO Act. The Trial Court vide judgment and order dated 18.08.2025 has convicted appellant No.1 for offences punishable under Sections 354A, 354D, 341, 504, 509 read with Section 34 IPC and Section 12 of the POCSO Act and accused No.2 has been convicted for offence punishable under Section 504 of IPC. 6. Learned counsels appearing for the appellants and respondent No.3, who is the victim in the present case have jointly submitted that dispute between the parties has been settled and the appellant No.1 has now married the victim girl on 16.05.2025 and their marriage is subsequently registered on 06.06.2025. They have also submitted that the parties have filed an application seeking permission of this Court to compound the alleged offences for which the appellants are convicted. The application filed by the parties under Section 320 of Cr.P.C. and the joint affidavit of appellant No.1 and respondent No.3 are taken - 6 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 on record. Along with the application, the marriage invitation card of appellant No.1 and respondent No.3 and also the certificate of registration of their marriage dated 06.06.2025 is produced. 7. In the joint affidavit of appellant No.1 and respondent No.3 who is the victim in the present case, at paragraph Nos.2 to 8, it is stated as follows: 2. We the appellant No.1 and the victim submits that we both are Husband and wife respectively and the appellant No.2 is mother-in-law, and respondent No.2 is my mother respectively. 3. We the appellant No.1 and the victim herein submits that my husband appellant No.1 and my mother-in-law appellant No.2 have filed the above appeal against the judgment and order of conviction dated 18-08-2025 passed by the Learned Addl. District and Sessions Judge, FTSC-1 Belagavi, in Spl.C.No.282/2022 convicting the appellant No.1/Accused No.1 for the offences punishable U/sec 354(A), 354(D),341,504,509 R/w sec 34 of IPC and sec 12 of the POCSO Act 2012 and appellant No.2/Accused No.2 for the offence punishable - 7 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 U/sec 504 of IPC, and this Hon'ble court was please to suspended the sentence and enlarged the appellants on bail. 4. We the, the appellant No.1 and the victim submits that the marriage between us was solemnized on 16-05-2025 and the said marriage has been registered on 06/06/2025. After marriage we both are living happily without any dispute among both of us. 5. I the victim herein submits that on the date of the marriage I am 19 Years old and none of the appellants herein had forced me to get married with the appellant No. 01 and I had given my consent for the said marriage. After marriage I am residing with my husband and leading happy married life. After marriage both the Appellants particularly my husband appellant No.1/Accused No.1 is looking after me well and taking a lot of care towards me. 6. I the victim herein, submit that I am totally dependent on the appellant No. 01, who is my Husband and he never harassed me sexually and I and the appellant No.1, got married with my own wish and will without any force, coercion or any fraud from any of the appellants herein. - 8 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 7. I the victim herein submits that now I am aged about 19 Years and I am competent to sign this Affidavit and all other papers and there is no force or coercion from any one to sign the same and I am before this Hon'ble Court with my free will." 8. I further submit that continuation of these criminal proceedings against my husband and mother-in-law will cause great loss, inconvenience and injustice to me and to the family members. I further state that I will be in serious jeopardy if my husband and mother-in- law is sentenced in the above-mentioned criminal appeal. Hence I have no objection to set aside the order of conviction sentence passed by the trial court against the appellants herein. 8. The parties who are present before this Court in person are identified by their respective advocates. 9. The parties have stated that the settlement arrived between the parties is voluntary without there being any undue influence and coercion and pendency of this case - 9 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 has been causing serious hardship to them and they are not in a position to lead a normal family life. 10. The Hon'ble Supreme Court in the case of HASI MOHAN BARMAN & ANOTHER VS. STATE OF ASSAM & ANOTHER1 has held that, the Courts can consider reducing the sentence imposed on the accused having regard to the settlement arrived between the parties. In the case on hand, during the pendency of this appeal, appellant No.1 has married the victim girl after she had attained age of majority and their marriage is also registered. Considering the nature of allegations against the appellant and also the relationship between them, I am of the opinion that a lenient view is required to be taken while sentencing the accused for the offences for which they are convicted. Accordingly, the following: ORDER (i) The Criminal Appeal is partly allowed. 1 (2008) 1 SCC 184 - 10 - HC-KAR NC: 2025:KHC-D:12587 CRL.A No. 100534 of 2025 (ii) The judgment and order of conviction and sentence dated 18.08.2025 passed by the Court of Additional District and Sessions Judge, FTSC I, Belagavi in Special Case No.282 of 2022 is confirmed. (iii) However, the order of sentence passed by the Court below against the appellants is modified and the appellants are sentenced to undergo simple imprisonment till rising of the Court. (iv) The order of the sentence of fine passed by the Trial Court remains unaltered. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH & VNP/ CT: BCK LIST NO.: 1 SL NO.: 101