- 1 - 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, KUMPALA MANGALORE SOMESHWAR UCHIL DAKSHINA KANNADA KARNATAKA-575 023. 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) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - 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 - 3 - NC: 2025:KHC:6108 CRL.RP No. 610 of 2024 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 - 4 - NC: 2025:KHC:6108 CRL.RP No. 610 of 2024 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 - 5 - NC: 2025:KHC:6108 CRL.RP No. 610 of 2024 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 List No.: 1 Sl No.: 80