Crl.Petition No.10900 of 2022
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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10900 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Appellant-Accused No.1 seeking to record compromise by quashing the judgment dated 05.01.2022 in C.C.No.393 of 2018 passed by the learned Judicial Magistrate of First Class, Bhadrachalam, Bhadradri- Kothagudem District and to close the Criminal Appeal No.6 of 2022 on the file of learned V Additional District Judge, Kothagudem, Bhadradri-Kothagudem District.
2. Heard the learned counsel for the petitioner and Additional Public Prosecutor for the State - respondent. Perused the record.
3. Learned counsel for the petitioner submits that Criminal Appeal No.6 of 2022 on the file of learned Sessions Judge is preferred against the conviction of the petitioner in C.C.No.393 of 2018 of the learned Magistrate for the offence under Section 498-A of IPC. The said Criminal Appeal is pending.
Crl.Petition No.10900 of 2022 2
4. The present application is filed seeking quashment of appeal on the ground of compromise. The petitioner is convicted for the offence under Section 498-A of IPC. The offence under Section 498-A of IPC is compoundable under Sections 320(5) and 320(6) of Cr.P.C. and the offence can be compounded at the stage of appeal. As seen from the record, no application was made by the parties before the concerned Appellate Court for compounding the offence.
5. In view of the above, in the event of the petitioner filing an application seeking compounding of offence, the concerned Sessions Court shall consider the application made by the petitioner for compounding the offence.
6. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 26.12.2022 rev