Page No.# 1/3 GAHC010199372026 2026:GAU-AS:13859 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./468/2026 SRI BITUPAN DEKA ALIAS SRI BITOPAN DEKA S/O KANAK CH. DEKA, R/O GYNENDRA RESIDENCY, KALI MANDIR PATH, NALAPARA SARUSAJAI, NALAPARA BYE LANE NO. 1, SAWKUCHI, P.S. BASISHTHA, DIST. KAMRUP METRO, ASSAM, PIN 781040 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MUSLEM ALI S/O MD. JAIN UDDIN R/O VILLAGE DAWRIKUCHI P.O. SONKUCHI P.S. DISTRICT BARPETA ASSA Advocate for the Petitioner : MR. SURAJIT DAS, MR B DEKA Advocate for the Respondent : PP, ASSAM, MR. B J TALUKDAR (R2) BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 17.09.2026 Heard Mr. Surajit Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State Page No.# 2/3 respondent No.1 and Mr. B.J. Talukdar, learned counsel for the respondent No.2. 2. In this petition under Section 438 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner has challenged the judgment and order dated 23.07.2026, passed by the learned Sessions Judge, Barpeta, in Criminal Appeal No.26/2026, arising out of N.I. Case No.285/2022, whereby the appeal preferred by the petitioner was dismissed and the conviction and sentence, imposed by the learned Sub-Divisional Judicial Magistrate (S), Barpeta, was upheld. It is also to be noted here that vide judgment and order, dated 12.02.2026, the learned Sub-Divisional Judicial Magistrate (S), Barpeta, in N.I. Case No.285/2022, has convicted the petitioner under Section 138 of the N.I. Act and sentenced him to suffer simple imprisonment for 6(six) months and to pay compensation of Rs.4,30,000/- with default stipulation. 3. Mr. Das, learned counsel for the petitioner submits that after the judgment and order being passed by the learned Sessions Judge, Barpeta, dated 23.07.2026, the learned Trial Court had issued non-bailable warrant of arrest against the petitioner, vide order dated 24.08.2026, and the said warrant of arrest was executed and the petitioner was remanded to jail to serve up the sentenced, vide order dated 29.08.2026. 3.1 Mr. Das further submits that in the meantime, the petitioner and the respondent No.2, the complainant in N.I. Case No.285/2022, entered into a deed of compromise and settlement agreement on 08.09.2026, and that the dispute has been resolved amicably and the sum of Rs.4,30,000/- has been paid as full and final settlement and as such, the judgment and order, dated 23.07.2026, passed by the learned Appellate Court and also the judgment and order, dated 12.02.2026, passed by the learned Trial Court may be set aside and quashed and the petitioner may be released from jail. 4. It is to be noted here that while the matter was taken up on 15.09.2026, the learned counsel for the respondent No.2 also conceded to the submission made by Mr. Das, learned counsel for the petitioner and he submitted that he may be granted two days' time to file his affidavit and accordingly, time was granted and the respondent No.2 has filed an affidavit today enclosing the deed of compromise and settlement agreement Page No.# 3/3 and money receipt. And perusal of the same reveals that the matter has been settled between the parties and the respondent No.2 had received the amount of compensation of Rs.4,30,000/- and he has no objection in the event of setting aside the impugned judgment and order of conviction passed by the learned Trial Court and also affirmed by the learned Appellate Court. 5. In view of the submissions of learned counsel for both the parties and also in view of the settlement of the dispute between the parties and further, in view of the payment of Rs.4,30,000/- by the complainant, respondent No.2, and further, in view of the submission of learned counsel for the respondent No.2, this Court is of the view that end of justice would be meted out if the petition is allowed. 6. Accordingly, this criminal revision petition stands allowed. The impugned judgment and order dated 23.07.2026, passed by the learned Appellate Court and also the judgment and order dated 12.02.2026, passed by the learned Trial Court, as agreed upon, stands set aside and quashed. The petitioner, who has been languishing in jail hazot, shall be released forthwith, if not warranted in any other case. 7. In terms of above, this criminal revision petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE