Rohit Kumar v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2019 In/and CRIMINAL PETITION No. 4988 of 2019 ORDER:

1) The petitioner, who is accused No.1. in Crl.A.No.60 of 2018 on the file of the XV Additional District Judge-cum-Metropolitan sessions Judge, Cyberabad at Kukatpally, filed this Criminal Petition under Section 482 Cr.P.C. seeking to quash the proceedings in the above appeal. 2) The second respondent herein lodged a complaint against three persons, basing on the same, the Police, Gachibowli, registered a case in Crime No.686 of 2011, for an offence punishable under Section 498-A IPC. After completing the investigation, police filed charge sheet, which was taken cognizance as C.C.No. 720 of 2015 on the file of the IV Additional Junior Civil Judge-cum-XXV Metropolitan Magistrate, Cyberabad at Kukatpally, Ranga Reddy District. By its judgment dated 28.12.2017, the learned Magistrate, while acquitting accused Nos.

2 and 3 therein, convicted the petitioner/ accused No.1 for an offence under Section 498-A IPC and sentenced to undergo Simple Imprisonment for a period of one year and to pay a fine of Rs.3,000/ -, in default to suffer simple imprisonment for a period of one month. Challenging the conviction and sentence imposed against him, the petitioner filed Crl.A.No.60 of 2018, which is pending before the XV Additional District Judge-cum-Metropolitan Sessions Judge, Cyberabad at Kukatpally. 3) During pendency of the Criminal Petition, I.A.No.2 of 2019 came to be filed by the second respondent to record the compromise.

elders and well wishers, the parties have settled their disputes in terms of the compromise. The said joint memo has been supported by the affidavit of the second respondent.

4) Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the second respondent has no objection for setting aside the conviction and sentence imposed against the petitioner/ accused No.1.

5) In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.No.2 of 2019 is ordered.

6) In the result, the Criminal Petition is allowed in terms of compromise. The conviction and sentence recorded against the petitioner/ accused No.1 for an offence punishable under Section 498-A IPC, are set aside and accordingly, he is acquitted for the said offence. Further, the proceedings in Crl.A.No.60 of 2018 on the file of the XV Additional District Judge-cum-Metropolitan Sessions Judge, Cyberabad at Kukatpally, are hereby quashed.

7) Miscellaneous petitions, if any, pending, shall stand closed. ________________ JUSTICE G. SRI DEVI 20.09.2019 gkv

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2019 In/and CRIMINAL PETITION No. 4988 of 2019 Dated: 20.09.2019 gkv