- 1 - HC-KAR NC: 2026:KHC:4402 CRL.A No. 84 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 84 OF 2020 (C) BETWEEN: FAKEER SAB S/O KUDDUR SAB, AGE: 36 YEARS, R/O SOREKUNTE VILLAGE, KASABA HOBLI, SIRA TALUK, TUMAKURU DIST. …APPELLANT (BY SRI. M. R. NANJUNDA GOWDA, ADV.) AND: STATE BY TAVAREKERE POLICE SIRA TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA STATE, BANGALURU 560001 …RESPONDENT (BY SRI. B. LAKSHMAN, HCGP FOR R1.) THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 18.12.2019 AND ORDER OF SENTENCE DATED 24.12.2019 PASSED BY THE PRINCIPAL SESSIONS JUDGE, TUMAKURU IN S.C.NO.52/2019 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 498(A),307 AND 506 OF IPC AND SECTION 3 AND 4 OF D.P. ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4402 CRL.A No. 84 of 2020 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Appellant and PWs1 & 2-parents-in-law of appellant and PW8-wife of the appellant, are present. Application is filed under Section 482 of Code of Criminal Procedure (corresponding Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023) is filed to compound the offence. The accused/appellant herein and PW1, PW2 and PW8 have compromised each other. The joint affidavit of Fakeer Sab s/o late Kuddur Sahib, Ahmad Sab s/o late Fakeer Sab and Shamshad S.A. W/o Fakeer Sab, Sahkila W/o Ahmed Sab is filed. The first and third deponents i.e. husband and wife are living together from 01st June, 2023 and they are leading a happy marital life as per wishes and advice of parents, relatives and friends. The copy of Aadhar cards are also produced. They have no objection to acquit the appellant from all charges levelled against him. 2. The trial Court has convicted the accused and sentenced to undergo simple imprisonment for a period of one year with fine of Rs.1,000/- for offence under Section 498A of - 3 - HC-KAR NC: 2026:KHC:4402 CRL.A No. 84 of 2020 Indian Penal Code, in default to undergo further simple imprisonment for a period of one month; to undergo simple imprisonment for a period of three years with fine of Rs.1,000/- for the offence punishable under Section 307 of Indian Penal Code and in default of payment of fine, to undergo further simple imprisonment for a period of one month; to undergo simple imprisonment for a period of Rs.1,000/- for offence punishable under Section 506 of Indian Penal Code with fine of Rs.1,000/- and in default of payment of fine to undergo further simple imprisonment for a period of one month; to undergo simple imprisonment for a period of three years with fine of Rs.15,000/- for offence punishable under Section 3 of Dowry Prohibition Act and in default of payment of fine, shall further undergo simple imprisonment for a period of six months; and further the accused is sentenced to undergo simple imprisonment for a period of six months with fine of Rs.1,000/- for offence under Section 4 of Dowry Prohibition Act and in default of payment of fine to undergo further simple imprisonment for a period of one month. Commission offence under Section 506 Indian Penal Code is compoundable in nature in view of Section 320 sub-clause (1) of Code of - 4 - HC-KAR NC: 2026:KHC:4402 CRL.A No. 84 of 2020 Criminal Procedure. The wound certificate-Exhibit P15 reveals that the injured Shakila Banu has sustained cut wound on right elbow joint 5 cms x 2 cms and a lacerated wound on middle finger of right arm and as per the opinion given by the Doctor, the said injuries are simple in nature. However, the trial court has convicted the accused for the offence under Section 307 Indian Penal Code without sufficient evidence to constitute the offence under Section 307 Indian Penal Code. 3. Learned counsel appearing on behalf of the appellant has relied on the decision in the case of NAUSHEY ALI v. STATE OF UTTAR PRADESH reported in AIR ONLINE 2025 SC 75 with regard to exercising of power under Section 482 of Code of Criminal Procedure, in case of settlement between the parties. 4. The contents of joint affidavit filed by the parties are read over and explained to the parties in the language known to them, i.e. in Kannada language. PWs1, 2 and 8 have voluntarily agreed to compound the offence and PW8 and her parents have clearly stated that PW8 and her husband/appellant herein, are residing together and they are leading their marital life peacefully and harmoniously. There is - 5 - HC-KAR NC: 2026:KHC:4402 CRL.A No. 84 of 2020 no dispute between the parties and they sought for acquitting the accused. 5. Considering the nature and gravity of offence, relationship between the parties and in order to maintain cordial relationship between the accused and PW8, so also, keeping in mind the decision relied upon by the learned counsel for the appellant, I am of the considered opinion that in the interest of both parties it is just and proper to allow this appeal. Accordingly, I proceed to pass the following: O R D E R i) Appeal is allowed; ii) The application filed under Section 482 of Code of Criminal Procedure (corresponding Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023), is allowed; iii) Compromise recorded; iv) The judgment of conviction dated 18th December, 2019 and order of sentence dated 24th December, 2019 passed by the Principal - 6 - HC-KAR NC: 2026:KHC:4402 CRL.A No. 84 of 2020 Sessions Judge, Tumakuru in SC No.52 of 2019, is set aside; v) The accused is acquitted of the offence under Sections 498A, 307 and 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act; vi) The fine amount, if any deposited by the accused, shall be returned to him in accordance with law; vii) In view of disposal of the main appeal, all pending IAs stand disposed of; viii) Registry directed to send the copy of this judgment along with trial court records to the concerned court. Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 47