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High Court for State of TelanganaCRLRC/1995/2017allowed no costs

Jodu Venkata Prasad, Hyderabad., v. The State Of Ap., Rep Pp.,

2018-06-14P.Keshava Rao2 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO I.A.No.2 of 2018 AND CRIMINAL REVISION CASE No.1995 of 2017 COMMON ORDER:

I.A.No.2 of 2018 is filed to record the compromise and allow the criminal revision case by setting aside the judgment, conviction and sentence imposed against the petitioner in C.C.No.552 of 2015 dated 24.08.2016 on the file of the II Additional Judicial Magistrate of First Class, Nellore (FAC) V Additional Judicial Magistrate of First Class, Nellore, as confirmed in Crl.A.No.270 of 2016 dated 07.07.2017 on the file of the IV Additional District and Sessions Judge, Nellore.

The 2nd respondent, who is the de-facto complainant, filed a sworn affidavit wherein it is stated that during the pendency of the revision case, with the intervention of the elders and well-wishers, the petitioner and herself has compromised the matter and both of them have voluntarily agreed to reside separately. It is also stated that the petitioner agreed to pay a sum of Rs.11,00,000/- (Rupees Eleven lakhs only) to her towards full and final settlement. The 2nd respondent agreed for the said compromise and to that effect a document was also executed. In terms of the said settlement, she agreed to withdraw the present criminal revision case unconditionally.

Both the parties are present and are identified by their respective counsel. They produced the Xerox copies of the Aadhaar cards and the same are made as part of the record. Having regard to the facts and circumstances of the case and in view of the compromise entered into between the parties, I.A.No.2 of 2018 is allowed.

Consequently, the criminal revision case is allowed. The conviction and sentence recorded against the accused by the II Additional Judicial Magistrate of first Class, Nellore (FAC) V Additional Judicial Magistrate of First Class, Nellore, dated 24.08.2016 in C.C.No.552 of 2015, as confirmed by the IV Additional District and Sessions Judge, Nellore, in Crl.A.No.270 of 2016 dated 07.07.2017 are set aside and the accused is acquitted of the offence punishable under Section 498-A IPC.

Miscellaneous petitions, if any, shall stand closed. _____________________ P. KESHAVA RAO, J Date: 14.06.2018.

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