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2026 DAILYLAW 48939 (KAR)

RAGHU v. THE STATE OF KARNATAKA

CRL.RP/661/2018 · 2026-02-03

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6166 CRL.RP No. 661 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 661 OF 2018 BETWEEN: 1. RAGHU S/O VENKATESHAPPA AGED ABOUT 26 YEARS. 2. SHOBHA W/O SADASHIVAPPA AGED ABOUT 36 YEARS. 3. SADASHIVAPPA S/O VENKATESHAPPA AGED ABOUT 44 YEARS. ALL ARE RESIDENTS OF VADDARAPALYA VILLAGE, CHITRADURGA TALUK, PIN - 577 539. …PETITIONERS (BY SRI SUYOG HERELE E, ADV., FOR SRI RAHUL RAI K, ADV.) AND: 1. THE STATE OF KARNATAKA THROUGH CHITRADURGA RURAL POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SMT. KALAVATHI @YASHADA W/O RAGHU @ RAGHAVENDRA AGED ABOUT 32 YEARS PO: PALYA, SUB DISTRICT CHALLAKERE, CHITRADURGA KARNATAKA - 577 520. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6166 CRL.RP No. 661 of 2018 …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; SRI ANIKETH KUNIKULLAYYA V, ADV., FOR R-2) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND THE ORDER DATED 04.6.2018 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN CRL.A.NO.81/2017 AND ALOS THE ORDER DATED 16.11.2017 PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC, CHITRADURGA IN C.C.NO. 323/2013 AND CONSEQUENTLY ACQUIT THE PETITIONERS OF ALL CHARGES. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 3 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 passed in CC No.323/2013 by the Court of I Addl. JMFC, Chitradurga, dated 16.11.2017 and the judgment and order passed in Crl.A.No.81/2017 by the Court of I Addl. District and Sessions Judge, Chitradurga dated 04.06.2018. 2. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled and accused No.1 and respondent No.2 herein, who are husband - 3 - HC-KAR NC: 2026:KHC:6166 CRL.RP No. 661 of 2018 and wife have decided to give a quietus to the inter se dispute and live together in future. They submit that parties have filed a compromise petition before this Court under Section 320 read with Section 482 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. Parties, who are present before the Court in-person are identified by their respective Advocates. It is submitted that settlement arrived between the parties is voluntary without therebeing any undue influence or coercion. The compromise petition filed by the parties is supported by the affidavit of accused Nos.1 to 3 and respondent No.2. In paragraph No.2 of the compromise petition, which is supported by the affidavit of the parties, it is stated as follows:- "2. The Petitioners have filed the above criminal Revision Petition being aggrieved by the judgment and order dated 04-06-2018 passed by the Learned I Addl, District & Sessions Judge at Chitradurga, in Crl.appeal No.81/2017 and also the order dated 16- 11-2017 passed by the learned I Addl. Civil Judge & JMFC At Chitradurga in C.C.No.323/2013. - 4 - HC-KAR NC: 2026:KHC:6166 CRL.RP No. 661 of 2018 It is submitted that the Petitioners and Respondent No.2 in the above criminal revision petition have settled their intersay misunderstanding and with the intervention and advice of well-wishers and elderly members of their respective families. The parties have settled their dispute amicably and they no longer intend to pursue the proceedings challenged in the above criminal revision petition. Now the Petitioner no.1 and Respondent No.02 who are husband and wife have leading their marital life happily. The Respondent No.2 who is the de-facto complainant is present before this Hon'ble Court and has file an affidavit in support of this compromise petition, request and gives her no objection to allow the above criminal revision petition and set aside the judgment and order dated 04-06-2018 passed by the Learned I Addl. District & Sessions Judge at Chitradurga, in Crl.Appeal No.81/2017 and also the order dated 16-11-2017 passed by the learned I Addl Civil Judge & JMFC at Chitradurga in C.C.No.323/2013 as prayed for in order to secure the ends of justice and consequently acquit the petitioners for the charges leveled against them in the interest of justice and equity." 4. Considering the aforesaid and also having regard to the relationship between the parties, since the parties have now - 5 - HC-KAR NC: 2026:KHC:6166 CRL.RP No. 661 of 2018 decided to give a quietus to the inter se dispute between them and live peacefully together in future, I am of the opinion that the prayer made by the parties to permit them to compound the offences for which the petitioners have been convicted and sentenced by both the Courts needs to be granted and consequently, the revision petition is required to be disposed off in terms of the settlement arrived between the parties. Accordingly, the following:- ORDER (i) Parties are permitted to compound the offences punishable under Section 498A read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961, for which the petitioners have been convicted and sentenced by both the Courts. (ii) Consequently, the Criminal Revision Petition is allowed and the impugned judgment and order of conviction and sentence passed in CC No.323/2013 by the Court of I Addl. JMFC, Chitradurga, dated 16.11.2017 and the judgment and order passed in Crl.A.No.81/2017 by the Court of I Addl. District and Sessions Judge, Chitradurga dated 04.06.2018, are set-aside. - 6 - HC-KAR NC: 2026:KHC:6166 CRL.RP No. 661 of 2018 (iii) Petitioners are acquitted of the offences punishable under Section 498A read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961. Their bail bonds, if any, stands cancelled. (iv) Fine amount if any, deposited by them shall be refunded to them. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 47