Amicable settlement post-conviction allows for sentence modification; courts can consider parties' relationship and settlement in sentencing decisions, even for typically non-compoundable offences.

JUDGMENT :

S. VISHWAJITH SHETTY, J.

1. Accused Nos.1 and 2 have preferred this appeal under Section 374(2) of Cr.P.C. read with Section 415 (2) of BNSS , 2023, with a prayer to set aside the judgment and order of conviction and sentence dated 18.08.2025 passed by the Court of Additional District and Sessions Judge, FTSC I, Belagavi in Special Case No.282 of 2022, wherein the appellant No.1 has been convicted for the offences punishable under Section 354A, 354D, 341, 504, 509 read with Section 34 of IPC and Section 12 of POCSO Act and appellant No.2 has been convicted for offence punishable under Section 504 of IPC.

2. Heard the learned counsel for the parties.

3. Learned counsel for the appellants and learned counsel for respondent No.3, who is the victim in the present case jointly submit that dispute between the parties has been amicably settled at the intervention of well wishers of both the parties. During the pendency of this appeal, the appellant No.1 has now married the victim girl, who had attained the age of majority. Their marriage solemnized on 16.05.2025, is subsequently registered on 06.06.2025 before the Office of Jurisdictional Registrar of Marriages at Bailhongal. They submit that having regard to the settlement between the parties, they have now filed an application before this Court under Section 320 of Cr.P.C. seeking permission of this Court to compound the alleged offences for which appellants have been convicted and a joint affidavit of the appellant No.1 and his wife, who is the victim in the present case is also filed. They accordingly pray to allow this appeal.

4. Per contra, learned HCGP submits that appellants have been convicted for non-compoundable offences.

5. Appellant No.1 is the son of appellant No.2. They were tried before the Court of Additional District and Sessions Judge, FTSC - I, Belagavi in Special Case No.282 of 2022, for offences punishable under Sections 354A, 354D, 341, 504, 509 read with Section 34 of IPC and Section 12 of POCSO Act. The Trial Court vide judgment and order dated 18.08.2025 has convicted appellant No.1 for offences punishable under Sections 354A, 354D, 341, 504, 509 read with Section 34 IPC and Section 12 of the POCSO Act and accused No.2 has been convicted for offence punishable under Section 504 of IPC.

6. Learned counsels appearing for the appellants and respondent No.3, who is the victim in the present case have jointly submitted that dispute between the parties has been settled and the appellant No.1 has now married the victim girl on 16.05.2025 and their marriage is subsequently registered on 06.06.2025. They have also submitted that the parties have filed an application seeking permission of this Court to compound the alleged offences for which the appellants are convicted. The application filed by the parties under Section 320 of Cr.P.C. and the joint affidavit of appellant No.1 and respondent No.3 are taken on record. Along with the application, the marriage invitation card of appellant No.1 and respondent No.3 and also the certificate of registration of their marriage dated 06.06.2025 is produced.

7. In the joint affidavit of appellant No.1 and respondent No.3 who is the victim in the present case, at paragraph Nos. 2 to 8, it is stated as follows:

"2. We the appellant No.1 and the victim submits that we both are Husband and wife respectively and the appellant No.2 is mother-in-law, and respondent No.2 is my mother respectively.

3. We the appellant No.1 and the victim herein submits that my husband appellant No.1 and my mother-in-law appellant No.2 have filed the above appeal against the judgment and order of conviction dated 18-08-2025 passed by the Learned Addl. District and Sessions Judge, FTSC-1 Belagavi, in Spl.C.No.282/2022 convicting the appellant No.1/Accused No.1 for the offences pu