- 1 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 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 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, DIST. UTTAR KANNADA-581 301. … PETITIONERS (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. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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: - 3 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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 - 4 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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 - 5 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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 - 6 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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 - 7 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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: “2. The petitioners are the Accused No. 1 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 - 8 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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.” - 9 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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 - 10 - HC-KAR NC: 2025:KHC-D:12586 CRL.RP No. 100283 of 2025 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 LIST NO.: 1 SL NO.: 100