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High Court for State of TelanganaCRLRC/1197/2015allowed no costs

Kanuri Benarji, v. State Of Andhra Pradesh,

2017-09-11M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.R.C.M.P.No.3854 of 2017 and Crl.R.C.No.1197 of 2015

ORDER

Crl.R.C.M.P.No.3854 of 2017 is filed under Section 320(2) Cr.P.C., seeking leave of this Court to enter into compromise by both the parties in terms of joint memo duly signed by them and filed before this Court. 2.

It is stated that the offences allegedly committed by petitioner/A1 are punishable under Sections 498-A, 323 and 506(ii) IPC. The trial Court found the petitioner/A1 guilty for the said offences by judgment dated 10.01.2014 in C.C.No.93 of 2013 and the same was confirmed by the appellate Court by judgment dated 12.06.2015 in Crl.A.No.5 of 2014. 3.

The revision petitioner/A1 is husband and the second respondent/de-facto complainant is his wife. As per the terms of compromise, the revision petitioner has to pay a sum of Rs.5,00,000/-, out of which, Rs.3,00,000/- to the minor daughter, by name, Tanaveetha and Rs.2,00,000/- to the de-facto complainant, towards permanent alimony, while the de-facto complainant agreeing to withdraw all her claims in M.C.No.43 of 2012 and D.V.C.No.9 of 2013 on the file of II Additional Judicial Magistrate of First Class and also divorce O.P.No.78 of 2017 on the file of Senior Civil Judge, Bhimavaram.

4.

The petitioner/A1 and the second respondent/de facto complainant are present and they are identified by their respective counsel. They produced the photostat copies of aadhar cards in proof of their identity. Both parties reported no objection to record the compromise.

5.

The terms and conditions of the compromise are read over and explained to the parties. They admitted the terms and conditions as true and voluntary. Therefore, in the interest of both the parties for their future settlement, including leading peaceful life and free from litigations, I find that it is a fit case to accord leave to compound the offences. 6.

Accordingly, Crl.R.C.M.P.No.3854 of 2017 filed under Section 320(2) of Cr.P.C., is allowed. Consequently, the Criminal Revision Case is allowed, setting aside the conviction and sentence imposed by trial Court and confirmed by appellate Court and the revision petitioner/A1 is acquitted for the offences punishable under Sections 498-A, 323 and 506(ii) IPC and his bail bonds shall stand cancelled forthwith. Miscellaneous petitions, if any, pending in this revision shall stand closed. ___________________________ M. SATYANARAYANA MURTHY, J 11th September, 2017 sj