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2025 Supreme(Kar) 948

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S. VISHWAJITH SHETTY, J.
Shrikant Buddu Kodarkar - Appellant
Versus
The State of Karnataka - Respondent
Criminal Revision Petition No. 100283 of 2025
Decided On : 18-09-2025

Advocates Appeared:
For the Appellant : Venkatesh M. Kharvi
For the Respondents: Mala B. Bhute, Dhanajay Madar

The court can permit compounding of offences if parties reach a voluntary settlement, particularly in cases involving family members, as long as the offences are compoundable.

Headnote:(A) Criminal Procedure Code, 1973 - Sections 320(2), 397, and 401 - Accused filed revision petition against conviction for offences punishable under Sections 326, 324, 504, 506 read with Section 34 of IPC. Dispute settled amicably; offences compoundable in nature. (Paras 3, 10)

(B) Voluntary Settlement - Court allows application for compounding offences after considering parties' relationship and voluntary nature of settlement, granting permission to compound offences. (Paras 9, 11)

Facts of the case:
The petitioners, convicted in earlier trials, maintained familial relationship with the complainant and settled the dispute amicably, now intending to live peacefully together.

Findings of Court:
Court accepted the compounding application and set aside earlier convictions, permitting the accused to be acquitted.

Issues: Whether the parties can compound the offences and the nature of the settlement.

Ratio Decidendi: The Court exercised its revisional powers to permit compounding due to the relationships involved and voluntary settlement expressed without coercion.

Result: Convictions set aside, petitioners acquitted.

Table of Content
1. judgment on conviction and sentence details. (Para 1 , 5 , 6)
2. parties settled dispute amicably. (Para 3 , 4 , 10)
3. application to compound offences discussed. (Para 7 , 9 , 11)
4. court’s final order and acquittal. (Para 8)

ORDER :

1. 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 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 Rs. 4,000/- each and in default, to undergo rigorous imprisonment for a period of six months. For the offence 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 Rs. 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 Rs. 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 Rs. 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 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 Rs. 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 set

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