High Court for State of TelanganaCRLRC/329/2007allowed no costs

Proddaku Babu Rao,(A-2) v. The State Of A.P.,

2015-10-01M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL Crl.R.C.M.P. Nos. 3430 and 3431 of 2015 and Criminal Revision Case No. 329 of 2007 Judgment:

This Criminal Revision Case is directed against the judgment, dated 01.03.2007, passed in Criminal Appeal No. 174 of 2005 by the learned II Additional Sessions Judge, Guntur, confirming the conviction and sentence imposed against the petitioners/A2 and A3 by the learned Special Mobile Magistrate, Guntur, vide judgment, dated 30.03.2005, in CC No.35 of 2004, for the offence punishable under Section 420 IPC.

2. Now the second respondent-de facto complainant and the petitioners/A2 and A3 filed Crl.R.C.M.P. Nos.3430 and 3431 of 2015 stating that at the intervention of elders and family members they have amicably settled the matter out of Court and, in view of that, the second respondent-de facto complainant may be permitted to compound the offence and the petitioners/A2 and A3 may be acquitted of the offence under Section 420 IPC by setting aside the conviction and sentence imposed on them.

3. The petitioners/A2 and A3 and the second respondent-de facto complainant as well as their counsel are present. The parties have filed a joint memo stating that they have voluntarily compromised the matter and the petitioners/A2 and A3 may be acquitted.

4 . In view of the settlement arrived at between the parties no purpose would be served in keeping the proceedings pending. In that view of the matter, the compromise is recorded and CrlRCMP Nos.3430 and 3431 of 2015 are allowed

compounding the offence against the petitioners/A2 and A3 following the decision of the Apex Court in Gian Singh v. State of Punjab and another.

5. Accordingly, the Criminal Revision Case is allowed in terms of the compromise and the petitioners/A2 and A3 are acquitted, under Section 320(8) Cr.P.C., by setting aside the conviction and sentence imposed on them by the Courts below for the offence punishable under Section 420 IPC. The bail bonds of the petitioners/A2 and A3 shall stand cancelled. The fine amount, if any paid, shall be refunded to the petitioners/A2 and A3.

6. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed.

__________________ M.S.K. JAISWAL, J.

Date: 01.10.2015 Nsr