Smt.Raheemunnisa v. Smt. Farzana Begum
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH *** CRL.A.M.P.No.1036 of 2015 In/And CRIMINAL APPEAL No.547 of 2014 Between:
Crl.A.No.547 of 2014:
Smt. Raheemunnisa and others ... Petitioners/Accused and Smt. Farzana Begum and another ... Respondents Crl.A.M.P.No.1036 of 2015:
Smt. Farzana Begum ... Petitioner/De facto complainant and Smt. Raheemunnisa and others ... Respondents DATE OF JUDGMENT PRONOUNCED: 05-08-2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE M.S.K. JAISWAL
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No Marked to Law Reporters/Journals?
3. Whether Their Lordship wish to see the Yes/No fair copy of the Judgments?
HON'BLE SRI JUSTICE M.S.K. JAISWAL CRL.A.M.P.No.1036 of 2015 In/And CRIMINAL APPEAL No.547 of 2014
COMMON ORDER:
The Criminal Appeal is filed under Section 374(2) Cr.P.C. to set aside the judgment, dated 22.05.2014 passed in Criminal Appeal No.34 of 2013 on the file of the VI Additional District and Sessions Judge, Medak at Siddipet (for short, 'lower appellate court'), whereby and whereunder, the learned Sessions Judge, while setting aside the judgment dated 08.03.2013 in C.C.No.40 of 2011 passed by the Judicial Magistrate of First Class, Siddipet (for short, 'trial court'), convicted the appellants under Section 248(2) Cr.P.C. for the offence punishable under Section 498-A of I.P.C. and sentenced them to undergo simple imprisonment for a period of Two Years each and also to pay fine of Rs.200/- (Rupees two hundred only) each, and, in default, to undergo simple imprisonment for a period of Three Months each.
2. When the matter is taken up for hearing, the de facto complainant, who is respondent No.1 in the Criminal Appeal, filed Crl.A.M.P.No.1036 of 2015 under Section 320(2) Cr.P.C. stating that they have amicably settled their disputes before the elders by entering into a Memorandum of Understanding and prayed to record compromise in the matter and acquit the appellants-accused by setting aside the conviction and sentence recorded by the lower appellate Court.
3. The 1st respondent-de facto complainant and her counsel are present. The appellants-accused and their counsel are also present. Both the parties have filed Joint Memo/Memorandum of Understanding duly signed by them.
4. Having regard to the above fact that the parties have amicably settled the disputes among themselves out of the Court, no useful purpose will be served to proceed further in the matter.
Therefore, Crl.A.M.P.No.1036 of 2015 is allowed and compromise is recorded. Accordingly, Crl.A.No.547 of 2014 is allowed in terms of compromise and the conviction and sentence imposed against the appellants-accused by the lower appellate Court are set aside. Fine amount, if any paid by the appellants-accused, shall be refunded to them.
5. As a sequel, miscellaneous applications, if any pending, shall stand closed.
_______________ M.S.K. JAISWAL, J Date: 05.08.2015 siva