(Prayer: This Crl.RP is filed u/S 397 r/w 401 Cr.P.C (u/S 438 r/w 442 BNSS) praying to set aside the judgment of conviction dtd 08.01.2013 and order of sentence dtd 09.01.2013 passed by the Court of JMFC III Court, Mangaluru D.K. in Cc.No.3008/2009 convicting the petitioner - accused for the offences p/u/S 354 and 506 of IPC.)

Oral Order

1. This revision petition is filed under Section 438 R/w Section 442 of BNSS 2023, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.3008 of 2009 dated 08.01.2013 passed by the Court of JMFC-III Court, Mangaluru, D.K, and the order dated 13.01.2026 passed on I.A.No.1 in Criminal Appeal No.4 of 2026 by the Court of III Additional District and Sessions Judge, Mangaluru, D.K.

2. Heard the learned counsel appearing for the parties.

3. Petitioner herein was charge sheeted and tried for offences punishable under Sections 354 and 506 of IPC in C.C.No.3008 of 2009 by the Court of JMFC-III Court, Mangaluru, D.K and in the said case, he was convicted and sentenced for the charge sheeted offences. Aggrieved by the judgment and order of conviction and sentence passed in C.C.No.3008 of 2009, petitioner had filed Criminal Appeal No.4 of 2026 before the Court of III Additional District and Sessions Judge, Mangaluru, D.K, and along with the said appeal he also had filed an interlocutory application with a prayer to condone the delay caused in filing the appeal. The Appellate Court, vide its order dated 13.01.2026 has rejected I.A.No.1 filed under Section 5 of the Limitation Act and consequently had also dismissed the Criminal Appeal. It is under these circumstances, petitioner is before this Court.

4. Learned counsel for the petitioner and learned counsel for respondent no.2 / defacto complainant, who is the victim in the present case submit that dispute between the parties has been settled and the parties have filed an application under Section 528 R/w Section 359 of BNSS 2023, with a prayer to permit the parties to compound the offences for which the petitioner has been convicted in the present case. They submit that application is supported by the affidavit of the defacto complainant / PW1. The dispute between the parties has been amicably settled at the intervention and well wishers of the parties. The petitioner was arrested in the present case on 31.12.2025 and he is in custody. The respondent no.2 / defacto complainant, who has appeared before the Court virtually, has been identified by her learned advocate. It is submitted that the settlement arrived between the parties is voluntary without there being any influence or coercion. The offences for which the petitioner has been convicted and sentenced by the Courts below are compoundable offences.

5. The application filed by the parties before this Court under Section 528 r/w Section 359 of BNSS 2023 is taken on record. In paragraph Nos.3 to 7 of the affidavit filed by the respondent no.2 / defacto complainant in support of the prayer made in the application seeking permission of this Court to compound the alleged offences for which petitioner has been convicted and sentenced by the Court, reads as follows:-

          "3. I state that since the date of the judgment in 2013, several years have passed. Due to the intervention of common friends, and well-wishers of both parties, we have reached an amicable settlement outside of court to maintain peace and harmony.

          4. I have been informed of the Appellant's current hardships, including his own ill-health, the loss of his daughter to cancer, and his wife's ongoing battle with the same illness. Considering these humanitarian grounds and the passage of over 17 years since the incident, I have decided to forgive the Appellant and do not wish to pursue the matter further.

          5. I state that I have no objection to the setting aside of the judgment of conviction and order of sentence dated 08-01-2013 passed in C.C.No3008/2009. I further have no objection to the Hon'ble Court allowing the present petition and acquitting the Petitioner of all charges.

          6. I say that the averments made in the accompanying application for compounding on the basis of the compromise are correct and true to the best of my knowledge.

          7. I declare that this compromise is entered into voluntarily, without any threat, coercion, or undue influence from any person."

6. Since the parties have voluntarily settled the dispute between them and they intend to give a quietus to the dispute and live peacefully in future and also taking into consideration that the alleged offences against the petitioner are compoundable offences, I am of the opinion that the prayer made by the parties in the application needs to be granted and consequently the revision petition is required to be disposed of.

7. Accordingly the following:-

ORDER

          (i) I.A.No.3 of 2026 filed by the parties under Section 528 R/w Section 359 of BNSS 2023 is allowed and the parties are permitted to compound the offences punishable under Sections 354 and 506 of IPC for which the petitioner has been convicted and sentenced by the Court below. Consequently, revision petition is allowed and the judgment and order of conviction and sentence passed against the petitioner by the Courts below are set aside and the petitioner is acquitted of the aforesaid offences.

          (ii) The Prison Authorities are forthwith directed to release the petitioner from custody.