Ega Satyanarayana S/O Late Yadagiri v. The State Of Telangana,
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.375 of 2015 in Crl.P.No.3497 of 2015 and Criminal Petition No.3497 of 2015 COMMON ORDER:
The defacto complainant and her counsel Sri K.Ravinder Reddy are present. Accused and his counsel Smt.M.Bhagyasri are present. On the report given by the defacto complainant, the Police of KUC P.S, Warangal registered a case in Crime No.134 of 2009 and after investigation laid charge sheet against A1 to A4 for the offences under Sections 498A IPC and Sections 3 and 4 of Dowry Prohibition Act and case was taken cognizance and registered as C.C.No.214 of 2009 and after full fledged trial the Principal Judicial First Class Magistrate, Warangal convicted A1 for the offence under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act and acquitted A2 to A4 of the charges levelled against them. Aggrieved, A1 preferred Crl.A.No.10 of 2012 which is pending on the file of VII Additional District and Sessions Judge, Warangal.
While so, both the parties and their counsel present in Court today and submitted that at the intervention of elders they have amicably resolved all their disputes as per the compromise arrived at and they have obtained divorce in FCOP No.339 of 2013 on the file of Family Court-cum-III Additional District Judge, Warangal on 13.03.2015 and they also resolved all the disputes and they want to live peacefully and individually and as such defacto complainant has no objection for allowing Crl.A.No.10 of 2012 by setting aside the conviction and sentence passed by the trial Court in C.C.No.214 of 2009 and therefore, this Court may be pleased to permit the parties to compound the offence and consequently set aside the conviction and sentence passed by the trial Court in C.C.No.214 of 2009 by allowing Crl.A.No.
10 of 2012 on the file of VII Additional District and Sessions Judge, Warangal in the interest of justice.
Having regard to the above submission and in view of the fact that it is a matrimonial matter wherein both the parties with the intervention of elders have entered into compromise by resolving all their disputes including the present one and leading individual lives peacefully and following the decision reported in Gian Singh vs. State of Punjab and another, this petition is allowed and permission is accorded to the parties to compromise the matter and consequently conviction and sentence passed in C.C.No.214 of 2009 by the Principal Judicial First Class Magistrate, Warangal against A1 is set aside by allowing Crl.A.No.10 of 2012 pending on the file of VII Additional District and Sessions Judge, Warangal in terms of compromise memo filed by the parties.
In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J Date: 16.04.2015 Note: Office to issue CC by Monday (b/o) Murthy