Panathale R. Naveena vs State Of Karnataka

S Vishwajith Shetty, J

Petitioner is before this Court in this revision petition filed under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.771 of 2012 by the Court of Addl. Civil Judge & JMFC, Madikeri, Kodagau dated 24.06.2013 and the judgment and order passed in Criminal Appeal No.44 of 2013 by the Court of Prl. District & Sessions Judge, Kodagu at Madikeri dated 21.07.2018.

Heard the learned counsel for the parties.

Petitioner has been convicted and sentenced by the Trial Court in C.C.No.771 of 2012 by the Court of Addl. Civil Judge & JMFC, Madikeri, Kodagau for the offence punishable under Sections 509, 354 & 323 of IPC and the said judgment and order of conviction and sentence has been confirmed in Criminal Appeal No.44 of 2013 by Court of Prl. District & Sessions Judge, Kodagu at Madikeri.

Learned counsel for the parties jointly submit that dispute between the parties has been amicably settled and the petitioner and defacto complainant are present in person before this Court. They jointly submit that parties have filed necessary application before this Court seeking permission of this Court to compound the offences for which the petitioner has been convicted and sentenced by the Courts below. The parties, who are present before this Court are identified by their respective advocates and it is submitted that settlement arrived between the parties is voluntary without there being any undue influence and coercion. The application filed by the parties seeking permission of this Court to permit them to compound the offences for which the petitioner has been convicted and sentenced by the Court below is taken on record.

Taking into consideration the submissions made on behalf of the parties and also since the offences for which the petitioner has been convicted and sentenced by the Court below are compoundable in nature, I am of the opinion that the permission sought for by the parties in the application filed by them is required to be granted and the revision petition is required to be disposed of based on the settlement that has been arrived between the parties, who are relatives and living in the neighbourhood. It is submitted that parties intend to give a quietus to the dispute inter se between them and live peacefully in the future.

Accordingly, the following:-

ORDER

The application filed by the parties seeking permission of this Court to permit them to compound the offences for which the petitioner has been convicted and sentenced by the Courts below is allowed and the parties are permitted to compound the offences for which petitioner has been convicted and sentenced by the Courts below.

The criminal revision petition is allowed and consequently, the judgment and order of conviction and sentence passed by the Courts below are set aside and the petitioner is acquitted of the offences punishable under Sections 509, 323 and 354 of IPC. His bail bonds, if any, stands cancelled. Fine amount, if any, deposited by him shall be refunded.