THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1063 OF 2007
O R D E R:
Heard. Perused the record.
2. The revision petitioner is questioning the findings recorded by the learned Special Judicial First Class Magistrate, Warangal, as confirmed by the learned IV Additional Sessions Judge, Warangal, convicting the petitioner under section 498-A of I.P.C and under Sections 3 and 4 of Dowry Prohibition Act. The offence is of the year 2004. The petitioner was prosecuted for the said offences and convicted vide judgment dated 12.07.2006 in C.C.No.204 of 2004 on the file of learned Special Judicial First Class Magistrate, Warangal.
3. Aggrieved by the same, the petitioner preferred appeal before the learned IV Additional Sessions Judge, Warangal, vide Crl.A.No.81 of 2006. The said appeal was disposed of vide judgment dated 30.07.2007, confirming the conviction and sentence imposed for the offences punishable under Section 498-A of I.P.C and Sections 3 and 4 of D.P.Act. Subsequently, the parties entered into compromise and settled their disputes before the Lok Adalat conducted by the District Ks,J Crl.r.c.No.1063 of 2007 2 Legal Services Authority, Warangal, in FLSA No.156 of 2009. The petitioner was arrayed as respondent therein and is paying the amount of maintenance to the satisfaction of his wife and daughter. In terms of compromise, it was specifically agreed that the present revision would be compromised. The said compromise was recorded and filed on 21.01.2011. Accordingly, award passed in presence of the parties on the terms of compromise agreed by both the parties. In the said terms of compromise, the case filed against the respondent in CC.No.204 of 2004 on the file of learned Special Judicial First Class Magistrate, Warangal, under Section 498-A of Cr.P.C was agreed to withdraws at the cost and expenses of the petitioner herein.
4. The offence under Section 498-A of Cr.P.C is compoundable offence and this Court under Sections 482 and 401 of Cr.P.C can compound the offences punishable under Sections 3 and 4 of D.P.Act. In the present case, when the parties have already compromised.
5. Further, keeping in view of the settlement arrived between the parties and the terms of compromise entered into between the Ks,J Crl.r.c.No.1063 of 2007 3 parties, taking into consideration the said compromise on record, this Court deems it appropriate to allow the Criminal Revision Case.
6. In the result, the Criminal Revision Case is allowed setting aside the conviction and sentence imposed against the petitioner vide judgment dated 12.07.2006 in C.C.NO.204 of 2004 on the file of learned Special Judicial First Class Magistrate, Warangal, as confirmed vide judgment dated 30.07.2007 in Crl.A.No.81 of 2006 on the file of learned IV Additional Sessions Judge, Warangal.
Miscellaneous applications, if any pending, shall stand closed.
_____________ K.SURENDER, J Date: 01.12.2022 gms Ks,J Crl.r.c.No.1063 of 2007 4 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.1063 OF 2007 01.12.2022 gms