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2026 DAILYLAW 16574 (KAR)

SUMANTH KUMAR v. STATE BY

CRL.RP/421/2020 · 2026-02-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8023 CRL.RP No. 421 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 421 OF 2020 BETWEEN: 1. SUMANTH KUMAR W/O RAJEGOWDA AGED ABOUT 28 YEARS OCCUPATION COOLIE R/O SUBHASH NAGARA 5TH CROSS, VIDYANAGARA NEAR WATER TANK, SHIVAMOGGA - 577 201. 2. ABDUL S/O SARVAR SAB AGED ABOUT 28 YEARS R/PO SUBHASH NAGARA 5TH CROSS, VIDYANAGARA BEHIND TRAFFIC POLICE STATION SHIVAMOGGA - 577 201. 3. DAVID S/O LAWRENCE AGED ABOUT 32 YEARS OCCUPATION PAINTING R/O SUBHASH NAGARA 5TH CROSS, VIDYANAGARA BEHIND TRAFFIC POLICE STATION SHIVAMOGGA - 577 201. 4. SUNIL S/O OPATRIK AGED ABOUT 27 YEARS OCCUPATION CABLE WORKER R/O SUBHASH NAGARA 5TH CROSS, VIDYANAGARA BEHIND TRAFFIC POLICE STATION SHIVAMOGGA - 577 201. …PETITIONERS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8023 CRL.RP No. 421 of 2020 (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: STATE BY KOTE POLICE SHIVAMOGGA - 577 201 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING PLEASED TO SET ASIDE THE ORDER PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS COURT, SHIVAMOGGA IN CRL.A.NO.48/2018 DATED 29.01.2020. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused are before this Court in this 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 04.01.2018 passed in CC No.1497/2014 by the Court of Principal Senior Civil Judge and CJM, Shivamogga, and the judgment and order dated 29.01.2020 passed in Crl.A.No.48/2018 by the Court of II Addl. District and Sessions Judge, Shivamogga. - 3 - HC-KAR NC: 2026:KHC:8023 CRL.RP No. 421 of 2020 2. Learned counsel for the petitioners and the defacto complainant, who is present in-person before the Court submits that dispute between the parties has been amicably settled during the pendency of this petition and the parties have filed an application before this Court under Section 320 of Cr.P.C. with a prayer to permit the parties to compound the offences for which petitioners have been convicted and sentenced by both the Courts. 3. The defacto complainant, who is the injured in the present case submits that he has totally received compensation of Rs.50,000/- from the petitioner and the settlement arrived between the parties is voluntary and without there being any undue influence or coercion. He submits that parties intend to give a quietus to the inter se dispute between them and live peacefully in future and therefore, they have entered into settlement. 4. The compromise petition filed by the parties under Section 320 of Cr.P.C. is taken on record. The same is signed by petitioner No.1 and by the defacto complainant (PW1- Victim) and also by the Advocate appearing for the petitioners. - 4 - HC-KAR NC: 2026:KHC:8023 CRL.RP No. 421 of 2020 In paragraph No.2 of the compromise petition, it is stated as follows:- "2. That during the pendency of the above criminal revision petition, with the intervention of elders and well- wishers, the parties have amicably settled the dispute. a. That the Petitioners herein agreed to pay an amount of Rs.50,000/- (Rupees Fifty Thousand Only) to the De Facto CoMplaint as compensation, and the De Facto Complaint agreed to receive the same for forgoing the above case. b. That he has no grievance against the Petitioner and has voluntarily agreed to compromise the matter; c. That the compromise has been entered into voluntarily without any force, coercion, undue influence pressure; d. That he has no objection for allowing the criminal revision petition and setting aside the conviction order passed by the courts below; e. That the De Facto Complaint withdrawn all the allegations made against the Petitioner in this petition or orally." 5. Considering the settlement arrived between the parties and also having regard to Section 320(6) of Cr.P.C., I am of the - 5 - HC-KAR NC: 2026:KHC:8023 CRL.RP No. 421 of 2020 opinion that the prayer made by the parties in the application to permit them to compound the offences for which petitioners have been convicted and sentenced, needs to be granted. Accordingly, the following:- ORDER (i) The parties are permitted to compound the offences punishable under Sections 504, 325 and 341 of IPC for which the petitioners have been convicted and sentenced by the Courts below and consequently, the Criminal Revision Petition is allowed. (ii) The impugned judgment and order of conviction and sentence dated 04.01.2018 passed in CC No.1497/2014 by the Court of Principal Senior Civil Judge and CJM, Shivamogga, and the judgment and order dated 29.01.2020 passed in Crl.A.No.48/2018 by the Court of II Addl. District and Sessions Judge, Shivamogga, are set aside. (iii) Petitioner No.1 is acquitted of the offences punishable under Sections 504, 325 and 341 of IPC. His bail bonds, if any, stands cancelled. (iv) Petitioner Nos.2 to 4 are acquitted of the offences punishable under Sections 504 and 341 of IPC. Their bail bonds, if any, stand cancelled. - 6 - HC-KAR NC: 2026:KHC:8023 CRL.RP No. 421 of 2020 (iv) Fine amount deposited, if any, by the petitioners shall be refunded to them. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 19