THE HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.340 of 2019
AND
I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.354 of 2019
COMMON JUDGMENT:
Since the parties and conviction and sentence recorded in both
the appeals are arising out of the same Judgment, these two appeals
are being heard together and disposed of by way of Common
Judgment.
2. These two Criminal Appeals, under Section 374 (2) of the
Code of Criminal Procedure, 1973, are filed by the
appellants/accused Nos.1 to 5, respectively seeking to set aside the
conviction and sentence imposed by the learned Additional
Metropolitan Sessions Judge, Hyderabad for trial of Communal
Offences-cum-VII Additional Metropolitan Sessions Judge,
Hyderabad, vide Judgment, dated 09.04.2019, in Crl.A.No.391 of
2017 by confirming the order of acquittal passed by the learned XV
Additional Chief Metropolitan Magistrate, Hyderabad, vide Judgment,
dated 18.01.2017, in C.C.No.81 of 2013.
3. Heard learned counsel for the appellants, learned
counsel for the 2nd respondent/complainant and learned Assistant
Public Prosecutor. Perused the record.
4. During pendency of these two appeals, the appellants as well as respondent No.2 have entered into compromise at the intervention of elders and well-wishers outside the Court and accordingly, they have filed I.A.Nos.1 and 2 of 2021 in Crl.A.No.340 of 2019 and I.A.Nos.1 and 2 of 2021 in Crl.A.No.354 of 2019 seeking to compound the offences and to set aside conviction and sentence 2 imposed by the first appellate Court vide its Judgment, dated 24.04.2019 in Crl.A.No.391 of 2017 against the appellants/accused Nos.1 to 5 respectively.
5. Today, when the matter is called, both the parties are present in-person before this Court and they are identified by their respective counsel. They also filed photocopies of Aadhar cards and photographs in proof of their identity. This Court, when examined, both the parties have stated that at the instance of elders and well- wishers, they have settled the matter out of the Court and the de facto complainant has no objection to set aside the conviction and sentence imposed by the first appellate Court against the appellants/ accused Nos.1 to 5, respectively in Crl.A.No.391 of 2017 by recording the compromise.
6. Both parties have also filed Memorandum of Compromise, dated 30.12.2020 and according to the said Memorandum of Compromise, the appellant/accused No.1 is agreed to pay a sum of Rs.7,00,000/- by way of Demand Draft towards full and final settlement of compromise in O.P.No.205 of 2016 and all other cases pending between the parties.
7. Learned counsel for the appellants would submit that according to the said Memorandum of Compromise the appellant/accused No.1 has paid a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to respondent No.2/complainant by way of Demand Draft bearing No.478918 drawn on 'YES' Bank, Hyderabad, and receipt of the same has been acknowledged by respondent No.2/complainant on 26.04.2021.
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8. In the light of the compromise arrived at between the parties, the Memorandum of Compromise, dated 30.12.2020, filed by the both parties is taken on record and I.A.Nos.1 and 2 of 2021 in Crl.A.No.340 of 2019 and I.A.Nos.1 and 2 of 2021 in Crl.A.No.354 of 2019 are ordered. The Memorandum of Compromise, dated 30.12.2020, shall form part of the record.
9. In the result, both the Criminal Appeals are allowed in terms of compromise. The conviction and sentence recorded against the appellants/accused Nos.1 to 5, respectively vide Judgment, dated 09.04.2019, in Crl.A.No.391 of 2017 by the learned Additional Metropolitan Sessions Judge for Trial of Communal Offence Cases- cum-VII Additional Metropolitan Sessions Judge, Hyderabad, for the offences punishable under Section 498-A and 506 I.P.C and Sections 4 and 6 of the Dowry Prohibition Act, 1961, are set aside and accordingly, they are acquitted of the said offences. The bail bonds furnished of the appellants, if any, shall stand cancelled and the sureties shall stand discharged.
Miscellaneous Petitions, pending if any, shall stand closed.
______________________ JUSTICE G.SRI DEVI 16th, July, 2021 YVL 4 THE HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.340 of 2019 AND I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.354 of 2019 Date: 16.07.2021 YVL