Mohammed Farhatullah, v. The State,

THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR Crl.R.C.M.P.No.107 of 2015 and Criminal Revision Case No.1611 of 2014 ORDER:

The present Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C. questioning the judgment dated 31.07.2014 passed in Crl.A.No.1177 of 2012 on the file of the II Additional Metropolitan Sessions Judge, Hyderabad, wherein the learned II Additional Metropolitan Sessions Judge confirmed the conviction and sentence imposed against the petitioner/accused in C.C.No.11112 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 498-A, 323, 342 IPC while acquitting him for the offence punishable under Section 4 of the Dowry Prohibition Act, 1961. The petitioner herein was tried for the offences punishable under Sections 498-A, 323 and 342 IPC and Section 4 of the Dowry Prohibition Act, 1961. Vide judgment dated 20.11.

2012, the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, convicted the petitioner/accused for the offences punishable under Sections 498-A, 323 and 342 IPC and Section 4 of the Dowry Prohibition Act, 1961. Challenging the same, the petitioner/accused preferred Crl.A.No.1177 of 2012 before the II Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge by his judgment dated 31.07.2014 partly allowed the appeal, confirming the sentence imposed against the petitioner/accused for the offences punishable under Sections 498-A, 323 and 342 IPC but however acquitted him for the offence punishable under Section 4 of the Dowry Prohibition Act, 1961. Aggrieved by the same the present revision is filed. During pendency of this revision, the petitioner filed Crl.R.C.M.P.No.

107 of 2015 seeking permission of the Court to compound the offence. The affidavit of the complainant filed along with the petition would disclose that at the instance of elders and well-wishers, they have settled the matter out of court and she has no objection for closing the case.

Today the informant and the petitioner are present before the Court and

they are identified by their counsel. When examined, the informant stated that at the instance of the elders, they have settled the matter out of the Court and she has no objection for acquittal of the accused in the above criminal revision case. The material on record would disclose that the dispute is a fall out of a marital discord between the complainant and the petitioner. In view of the compromise entered into between the parties and taking into consideration the social status of the parties, permission for compounding the offence is accorded. For the aforesaid reasons, the Crl.R.C.M.P.No.107 of 2015 is ordered and the Criminal Revision Case is allowed, and the petitioner/accused is acquitted of all the offences alleged against him. Miscellaneous petitions, if any, pending in this revision shall stand closed.

____________________ C. PRAVEEN KUMAR, J 29.01.2015 gkv