K. ARUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition has been filed assailing the judgment and order dtd. 12/8/2014 passed by the XIII Addl. Fast Track Court, Bangalore City in Crl.A.No.757/2009, wherein the petitioner has been convicted for the offence punishable under Sec. 420 of IPC and was sentenced to undergo simple imprisonment for a period of two months and to pay fine of Rs.5,000.00 and in default to undergo simple imprisonment for 15 days.

(2.) The learned Senior Counsel appearing for the petitioner submits that the accused and the widow of the complainant have amicably arrived at settlement and since the parties are related to each other, he prays that they may be permitted to compound the alleged offence. He submits that the complainant has died on 4/12/2015 i.e., during pendency of the criminal revision petition before this Court and the complainant is now being represented by his wife namely Smt. Uma Rajan. He submits that accused and Smt. Uma Rajan have filed an application for compounding along with their respective affidavits and prays to permit them to compound the offence .

(3.) The Hon'ble Supreme Court in the case of GIAN SINGH V. STATE OF PUNJAB - (2012) 10 SCC 303 has held that even the offences which are non-compoundable can be permitted to be compounded if the dispute is between the family members. The accused as well as widow of the complainant have filed an affidavit in support of the application filed under Sec. 320 R/w Sec. 482 of Cr.P.C., and the parties, who are present before the Court have admitted to the contents of the affidavit and they have also stated that at the intervention of elders and well-wishers of the parties, they have amicably settled the matter. Having regard to the nature of dispute involved in the case and considering the fact that the parties have volunteered to settle the matter between themselves without there being any coercion or undue influence, I am inclined to accept the compounding application and permit the parties to compound the offence for which the petitioner has been convicted by the XIII Addl. Fast Track Court, Bangalore City in Crl.A.No.757/2009. Accordingly, I proceed to pass the following: