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2012 DIGILAW 831 (KAR)

Krishtappa v. State and Anr.

2012-09-28

D.V.SHYLENDRA KUMAR

body2012
ORDER D.V. Shylendra Kumar , J.—This criminal revision petition under Section 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 under Section 504 of IPC and default sentence of six months and for the offence punishable under Section 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 under Section 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 under Section 320(6) of Cr.P.C., the application under Section 320(6) of Cr.P.C. by the person affected namely the complainant seeking for passing orders under Section 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 under Section 320(6) is filed with a genuine intention of compounding the offences, particularly having regard to the relationship. 5. Accordingly application under Section 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.