Karnataka High Court
Sri.G.M. Kumar vs Sri Kisan Hegde on 11 February, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:6108
CRL.RP No. 610 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 610 OF 2024
BETWEEN:
1. SRI. G.M. KUMAR
AGED ABOUT 51 YEARS
S/O GANGADHARAPPA
R/AT NO.277, 4TH STAGE
INDUSTRIAL TOWN
WEST OF CHORD ROAD
RAJAJI NAGAR, BANGALORE
KARNATAKA-560044
2. SRI. BHARATHRAJ
AGED ABOUT 33 YEARS
S/O LATE PADMANABHA
R/AT SAI GANESH,
2ND CORSS ROAD, SOMESHWARA,
Digitally signed KUMPALA MANGALORE
by DEVIKA M SOMESHWAR UCHIL
Location: HIGH DAKSHINA KANNADA
COURT OF KARNATAKA-575 023.
KARNATAKA
3. SRI. SHESHA KRISHNA
@ SHESHA KRISHNA NULIYALU
AGED ABOUT 40 YEARS
S/O NULIYALU SUBRAHMANYA BHAT
R/AT NIDALLI POST, PUTTUR TALUK
NIDPAILI PANAJE, DAKSHINA KANNADA
KARNATAKA-574259.
...PETITIONERS
(BY SRI. S.BALAN, ADVOCATE FOR PETITIONER NOS.2 AND 3;
SRI. B. LETHIF, ADVOCATE FOR PETITIONER NO.1)
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NC: 2025:KHC:6108
CRL.RP No. 610 of 2024
AND:
1. SRI. KISAN HEGDE
AGED ABOUT 48 YEARS
S/O K.R. HEGDE
R/AT FLAT NO.401,
ZEN GARDEN, AJJARKADU
UDUPI - 576 101.
...RESPONDENT
(BY SRI. KIRAN KUMAR B., ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.PC PRAYING TO SET ASIDE THE JUDGMENT DATED
25.04.2024 CONFIRMING THE JUDGMENT OF CONVICTION
PASSED BY THE I ADDL. CIVIL JUDGE AND J.M.F.C AT UDUPI
IN C.C.NO.888/2017 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 500 AND 501 R/W 31 OF IPC AND SENTENCING
UNDERGO SIMPLE IMPRISONMENT FOR TWO YEARS FOR THE
OFFENCE PUNISHABLE UNDER SECTION 500 OF IPC AND TO
PAY A FINE OF RS.10,000/- EACH IN DEFAULT TO UNDERGO
SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND
THE SAME SENTENCE FOR THE OFFENCE PUNISHABLE UNDER
SECTION 501 OF IPC AND ACQUIT THE PETITIONERS.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard learned counsels for petitioners and learned
counsel for the respondent.
2. The petitioner No.1 is present before this Court.
Petitioner Nos.2 and 3 have appeared through Video
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Conferencing and learned counsel for petitioner Nos.2 and 3
have identified them.
3. The respondent-complainant is also present before
the Court and he has been identified by learned counsel for the
respondent.
4. The revision petitioners have filed an application in
I.A.No.1/2025 under Section 320 read with Section 482
Cr.P.C., praying this Court to compound the offence and
consequently, set aside the order of conviction and sentence
dated 19.04.2023 in C.C.No.888/2017 on the file of Additional
Civil Judge and JMFC, Udupi for the offence punishable under
Sections 500 and 501 read with Section 34 IPC which has been
confirmed in Crl.A.No.58/2023 dated 25.04.2024 on the file of
Principal District and Sessions Judge, Udupi and acquit them in
the interest of justice.
5. In support of the application, joint affidavit is filed
by petitioner Nos.1 to 3, wherein reason is assigned that, in
order to maintain cordial relationship and to maintain harmony
in the society, the above case has been settled with the
intervention of our well-wishers, friends and relatives of both
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side. It is also stated that we are in good terms with
petitioners and the respondent voluntarily came forward to
withdraw the complaint with a proposal without any force,
threat or undue influence.
6. The respondent/complainant also filed an individual
affidavit in support of his application and in the application, he
has stated that he has voluntarily decided to withdraw the
complaint and without any force, threat or coercion and he
knows the petitioners, they were having good reputation and
status in the society and we have very good relationship with
the petitioners at present and not intending to prosecute them
for the above case and decided to withdraw the case
unconditionally.
7. Having considered the grounds urged in the
application, joint affidavit as well as the individual affidavit filed
by the respondent/complainant, the parties have come forward
to compound the offence on the advice of the well-wishers and
offence is also compoundable offence. Having taken note of the
fact that allegations are defamatory in nature and the same is
inter-se between the parties and not against any State and in
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view of the joint affidavit filed by the petitioners and also
reasons mentioned in the joint affidavit as well as individual
affidavit of the complainant and complainant also says that
there is no force for compounding the offence, application-
I.A.No.1/2025 filed by the petitioners for compounding the
offence is allowed. Consequently, the conviction and
confirmation order passed by the First Appellate Court is set
aside for the offence punishable under Sections 500 and 501
read with Section 34 of IPC.
Accordingly, the criminal revision petition stands disposed
of.
Sd/-
(H.P.SANDESH)
JUDGE
ST
