Vannamreddi Ganesh, v. State,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRL.R.C.M.P.NO.646 OF 2015 AND CRL.R.C.NO.2488 of 2013 COMMON ORDER :

Criminal Revision Case No.2488 of 2013 is preferred by the petitioner/accused, challenging the judgment dated 02.12.2013 passed in Criminal Appeal No.114 of 2013 on the file of Special Judge for trial of cases under SCs & STs (POA) Actcum-X Additional District and Sessions Judge, Rajahmundry, East Godavari District, wherein and whereunder the appellate Court confirmed the conviction under Section 498-A I.P.C. and sentence of one year Rigorous Imprisonment imposed in the order dated 25.02.2013 passed in C.C.No.1399 of 2008 on the file of VII Additional Judicial First Class Magistrate, Rajahmundry.

Heard the learned counsel for the petitioner and the learned counsel for respondents.

Pending the Criminal Revision, the informant filed Crl.R.C.MP.No.646 of 2015 seeking permission of the Court to compound the offence. The affidavit filed in support of the said petition discloses that at the instance of elders and well wishers, the 2nd respondent herein has compromised the matter and she has no objection to acquit the accused. The accused and the informant are present before the Court and they are identified by their respective counsel.

When examined, the informant/wife stated that she has settled the matter amicably and she has no objection for

acquitting the accused.

Having regard to the said circumstances and in view of the judgment of the Apex Court in Gian Singh v. State of Punjab and anr.[1], the informant is permitted to compound the offence with the accused pending revision before this Court. Accordingly, Crl.R.C.M.P.No.646 of 2015 is ordered and the Criminal Revision Case is allowed. The conviction and sentence imposed by the trial Court as confirmed by the appellate Court in Criminal Appeal No.114 of 2013 on the file of Special Judge for trial of cases under SCs & STs (POA) Actcum-X Additional District and Sessions Judge, Rajahmundry, East Godavari District, are hereby set aside. Consequently, the petitioner/accused is acquitted of the offence punishable under Section 498-A I.P.C.

As a sequel, miscellaneous petitions, if any, pending in the revision shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 13.03.2015 pab [1] 2012 Crl.L.J.4934