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High Court for State of TelanganaCRLRC/1354/2007allowed no costs

B. Srinivas, v. The State Of Andhra Pradesh,

2016-09-29Raja Elango3 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No:1354 OF 2007 JUDGMENT:

1.

This revision is filed by the petitioner-A1 against the judgment dated 28.8.2007 made in Crl.A.No.77 of 2005 by the Additional Metropolitan Sessions Judge, Cyberabad.

2.

The petitioner and other accused were tried for the offence under Section 498-A r/w 109 IPC in C.C.No.1016 of 2001 by the II Metropolitan Magistrate, Cyberabad. The petitioner and A4 were convicted for the offence under Section 498-A IPC and sentenced to undergo rigorous imprisonment for a period of one year each and to pay fine of Rs.1,000/- each in default to suffer simple imprisonment for two months each. Aggrieved by the same, A1 and A4 filed appeal in Crl.A.No.77 of 2005 before the Additional Metropolitan Sessions Judge, Cyberabad. The said appeal was dismissed. Hence, the petitioner-A1 filed this revision. 3.

The learned Counsel appearing for the petitioner as well as the learned Counsel appearing for the de facto-complainant in the presence of their clients filed separate affidavits of the petitioner and the de facto complainant stating that the petitioner and the de facto-complainant will not proceed with the cases filed against each other and against B. Narasimha. In the affidavit filed by the de facto complainant, it is stated that she will not proceed with A.S.No.723 of 2006 filed against the petitioner and others. The petitioner filed affidavit stating that the case filed by his father B. Narasimha in C.C.No.1533 of 2007 against the de facto complainant and others will be withdrawn. B. Narasimha, who is the father of the petitioner, is also present before this Court.

4.

Considering the facts and circumstances of the case and in view of the settlement between the parties, the conviction and sentence imposed by the Courts below against the petitioner-A1 for the offence under Section 498-A IPC are set aside. Consequently, he is acquitted for the said charge. The fine amount paid, if any, shall be refunded to the petitioner-accused No.1.

5.

Accordingly, the Criminal Revision Case is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO Dated: 29.9.2016 Nn

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No:1354 OF 2007 29.9.2016 Nn.