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High Court for State of TelanganaCRLRC/1414/2007allowed no costs

Kumpati Syam Babu, v. The State Of A.P.,

2015-03-24Anis3 pages

THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THIS THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE MRS JUSTICE ANIS Crl.RC MP Nos.653 & 654 of 2015 & CRIMINAL REVISION CASE No.1414 of 2007 Between:

Kumpati Syam Babu and another ..... PETITIONERS AND State of A.P. rep.by the Public Prosecutor, High Court, Hyderabad and another .....RESPONDENTS The Court made the following:

HON'BLE MRS JUSTICE ANIS Crl.RC MP Nos.653 & 654 of 2015 & CRIMINAL REVISION CASE No.1414 of 2007 ORDER:

This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the

revision petitioners herein challenging the judgment dated 11.10.2007, passed by the I Additional District & Sessions Judge, Krishna, Machilipatnam, in Criminal Appeal No.87 of 2005, whereunder and whereby the conviction and sentence passed against the revision petitioners herein for the offence punishable under Sections 120-B, 406, 420, 468 and 471 of Indian Penal Code, vide the judgment dated 19.08.2005 in C.C.No.360 of 2001 by the Additional Judicial Magistrate of First Class, Avanigadda, was confirmed, however, reduced the sentence from two years to one year for each of the offence.

2. When the matter is taken up for hearing, it is submitted by the learned counsel for both parties that the petitioners/accused and the 2nd respondent/complainant have entered into a compromise and settled the matter out of Court and that the terms of compromise are reduced into writing in the form of a memorandum of compromise. It is also submitted that Crl.M.P.No.653 of 2015 is filed seeking permission to compromise the matter and Crl.M.P.No.654 of 2015 is filed seeking recording of compromise and to allow the Criminal Revision Case in terms of the compromise.

3. The petitioners/Accused and the 2nd respondent/complainant are present before this Court. They had submitted that they have entered into a compromise and settled the matter out of Court.

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, permission is hereby accorded and the compromise is recorded.

5. Accordingly, Crl.M.P.Nos.653 and 654 of 2015 are ordered and the Criminal Revision Case No.1414 of 2007 is allowed and the

judgment of the appellate Court dated 11.10.2007 in Crl.A.No.87 of 2005 as well as the judgment of the trial Court dated 19.08.2005 in C.C.No.360 of 2001 are set aside and the petitioners/accused are acquitted of the offences for which they were found guilty. The bail bonds of the petitioners/accused shall stand cancelled. Pending miscellaneous petitions, if any, shall stand closed in consequence.

_________________ ANIS, J Date: 24.03.2015 Dsr