High CourtsSingle Bench(2012) 09 KAR CK 0221

Krishtappa vs State and Another

Karnataka High Court · Decided on 28 September 2012 · Citation: (2013) 1 AKR 267

HON’BLE JUDGES
D.V. Shylendra Kumar, J
RESULT
Allowed
CASE NUMBER
Criminal Revision Petition No. 2567 of 2012

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Judgment

5 paragraphs · 347 words

D.V. Shylendra Kumar, J.—This criminal revision petition u/s 397 R/w. Sec. 401 of Cr.P.C. is directed against the affirming judgment of the learned Sessions Judge at Yadgiri in Crl. Appeal No. 6/2011 affirming the judgment and conviction dated 31.05.2011 passed in C.C. No. 410/2010 on the file of the Chief Judicial Magistrate, Yadgir, convicting the revision petitioner for the offences punishable under Sections 504 and 325 of IPC and imposing a fine of Rs. 1,000/- for the offence punishable u/s 504 of IPC and default sentence of six months and for the offence punishable u/s 325 of IPC, imposing sentence of simple imprisonment of one year and also a fine of Rs. 2,000/- and default sentence being three months. The revision petitioner was on suspension of sentence and enlargement of bail during the pendency of the appeal and the sentence was again suspended by this Court in this revision petition as per order dated 06.08.2012 subject to the fine amount being deposited.

2.

This revision petition has come up for orders before the Court on LA. 1/2012 seeking for permission to compound the case filed u/s 320(6) of Cr.P.C.

3.

While the offences for the commission of which the revision petitioner is convicted namely, under Sections 504 and 325 of IPC are both compoundable at the instance of the person affected as provided for u/s 320(6) of Cr.P.C., the application u/s 320(6) of Cr.P.C. by the person affected namely the complainant seeking for passing orders u/s 320(6) of Cr.P.C.

4.

The revision petitioner-the convicted accused and the second respondent-complainant are the father and son and the complainant as well as the convicted person have appeared before the Court today. I have also enquired them and I am satisfied about the bona fides and the application u/s 320(6) is filed with a genuine intention of compounding the offences, particularly having regard to the relationship.

5.

Accordingly application u/s 320(6) of Cr.P.C. is allowed and the accused- convicted revision petitioner is acquitted of the offences under which he is convicted. Revision petition is ordered in these terms. Revision allowed.