- 1 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1117 OF 2024 (C) BETWEEN: 1. IBRAHIM M. B. S/O. BEERAN KUTTY, AGED 56 YEARS, BUSINESSMAN, R/O. NO.1/189, NEAR GOWDA SAMAJA, GANDHINAGAR, CHOWDLU VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT-571 236. 2. MOHAMEED RAFEEQ S/O. IBRAHIM M.B., AGED 23 YEARS, STUDENT, R/O. NO.1/189, NEAR GOWDA SAMAJA, GANDHINAGAR, CHOWDLU VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT-571 236. …APPELLANTS (BY SRI. B. S. BASAVARAJU., ADV.) AND: 1. THE STATE OF KARNATAKA BY DEPUTY SUPERINTENDENT OF POLICE, SOMWARPET SUB DIVISION, KUSHALNAGAR, REPRESENTED BY ITS Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. H. R. KRISHNAKUMAR S/O. H. C. RAMAKRISHNA, AGED ABOUT 41 YEARS, SIDDALINGAPURA VILLAGE, THORENUR POST, KODAGU-571 232. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1, SRI. VIVEK S., ADV. FOR R2.) THIS CRL.A IS FILED U/S 374(2) CR.PC PRAYING TO CALL FOR THE RECORDS IN SPECIAL CASE NO.69/2022, ON THE FILE OF I ADDL. DIST. AND SESSIONS JUDGE, KODAGU AT MADIKERI PERUSE THE SAME, ALLOW THIS APPEAL, SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 05.06.2024 FOR THE OFFENCE P/U/S 506 R/W 34 OF IPC AND SEC. 3(1)(r) AND 3(1)(s) OF SC AND ST (POA) ACT, 1989 AND SET THE APPELLANT AT LIBERTY. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT This appeal is field against the judgment of conviction and order on sentence dated 05.06.2024 passed in Spl.C. No.69/2022 by the I Addl. District and Sessions Judge, Kodagu at Madikeri wherein the appellants - 3 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 were convicted for the offences punishable under Section 506 r/w 34 Indian Penal Code and under Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. In this appeal the learned counsel for the appellants filed IA.I/2025 dated 06.11.2025 under Section 320 read with 482 of Code of Criminal Procedure to permit the appellants to compound the offences punishable under Section 506 r/w 34 Indian Penal Code and under Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, wherein the appellants are convicted and sentenced vide order dated 05.06.2024 in Special Case No. 69/2022 on the file of the I Addl. District and Sessions Judge, Kodagu at Madikeri. 3. This application is supported with a affidavit of Ibrahim.M.B, S/o Beeran Kutty, in which he has stated that the case and counter case were registered against the respondent No. 2, wherein said counter case was - 4 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 registered for the offence under Section 506, 448, 504, 341 r/w 34 Indian Penal Code. Now, same is pending before the Prl. Civil Judge and JMFC Court, Somwarpet in C.C No.204/2023. Hence, they have agreed with respondent No.2 to resolve the dispute. On all these grounds sought for allowing of this application. 4. The joint affidavit has been filed by Ibrahim, Mohammed Rafeeq and H.R. Krishnakumar, in which they have clearly stated that case and counter case was registered against respondent No. 2, wherein said counter case was registered for the offence punishable under Section 506, 448, 504, 341 read with 34 of Indian Penal Code. Same is pending before Prl. Civil Judge and JMFC Court, Somwarpet in C.C No. 204/2023. Hence, they agreed to resolve the disputes. If the same was not compounded, they will be put to great hardship, loss and injury. On the other hand, no hardship of any kind will be caused to the other side. Hence, they are compounding - 5 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 the counter case pending before the Prl. Civil Judge and JMFC Court, Somwarpet in C.C No. 204/2023. 5. Further, they have submitted that they have amicably resolved the dispute between them, by advice of their family members and friends and well-wishers. Pursuant to the said settlement, respondent No. 2- Krishnakumar.H.R has agreed to withdraw the allegations leveled against the appellants and has agreed to co- operate with the appellants for allowing the appeal pending before this Court and agreed to settle the matter pending before Prl. Civil Judge and JMFC Court, Somwarpet in C.C No. 204/2023. Since the parties have settled the case amicably resolving the dispute as against each other, no useful purpose is likely to be served to continue with the proceedings of the aforesaid case. On all these grounds sought for allowing this application. 6. The Aadhar cards also produced. 7. PW2-Krishnakumar and the appellants are present before the Court. Advocates are present before - 6 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 the Court. The averments of the compromise petition and contents of the affidavit read over and explained to the appellants and Krishnakumar-PW2. Both have admitted the contents of the affidavit and compromise petition. The victim has entered into compromise on his free will and volition and not on account of any duress. Since there is a counter case between the parties, both have agreed for compromise. Same is lawful. 8. The trial Court has convicted the accused for the offence under Section 506 r/w 34 IPC and Section 3(1)(r) and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (POA) Act, 1989. The trial Court has sentenced the accused to undergo simple imprisonment for 2 years and to pay fine of Rs.2,000/-for the offence punishable under Section 506 of Indian Penal Code. The accused are sentenced to undergo imprisonment for 6 months and to pay fine of Rs.1,000/- for the offence under Section 3(1)(r) of Scheduled Castes and Scheduled Tribes (POA) Act, 1989. Further accused are sentenced to - 7 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 undergo imprisonment for 6 months and to pay a fine of Rs.1,000/- for the offence punishable under Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (POA) Act, 1989. 9. In view of the decision of the Hon'ble Apex Court in the case of Ramawatar Vs. State of Madhya Pradesh reported in (2022) 13 SCC 635, dated 25.10.2021, considering the nature and gravity of the offences and relying on the decision of the Hon'ble Apex Court, I proceed to pass the following: ORDER i) IA.I/2025 is allowed. Compromise recorded. ii) The judgment of conviction and order on sentence passed by the I Addl. District and Sessions Judge, Kodagu at Madikeri in Special Case No. 69/2022 dated 05.06.2024 is set aside. - 8 - HC-KAR NC: 2025:KHC:46590 CRL.A No. 1117 of 2024 iii) The appellants/accused are acquitted for the offences punishable under Section 506 r/w 34 Indian Penal Code and Section 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (POA) Act, 1989. iv) Fine amount, if any, shall deposited by the accused shall be returned to them in accordance with law. v) Registry is directed to send the copy of this order along with Trial Court records to the trial Court. In view of allowing compromise petition, the appeal is disposed of. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 23