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THE HONOURABLE SRI JUSTICE K. SURENDER
CRIMINAL APPEAL No.830 OF 2010 ALONG WITH I.A.NOs.1 AND 2 OF 2022 COMMON ORDER:
Pending disposal of the appeal impugning the trial court's conviction judgment dated 24.06.2010 in S.C.No.18/2009 for the offences punishable under Section 3(1) (x) of the Scheduled Caste & Scheduled Tribes (POA) Act, 1989 of six months simple imprisonment and to pay a fine of Rs.1,000/- with default sentence and under Section 323 of the Indian Penal Code of three years rigorous imprisonment and to pay a fine of Rs.5,000/- with default sentence, the appellant/accused and de facto complainant/victim having present sought permission of the Court to compound the offence in I.A.No.1 of 2022 and to record compromise in I.A.No.2 of 2022, in the appeal.
2. The appellant/accused and the defacto complainant/victim have filed Joint Compromise Memo in IA.No.2/2022 containing the terms of compromise, signed by both the parties and their respective counsel stating that they 2 have settled the disputes between them amicably and the defacto complainant has no objection in setting aside the conviction against the appellant in the above crime. The said joint memo of compromise is placed on record.
3. The Appellant/accused and defacto complainant/victim are present in person and they are identified by their respective counsel. Both the parties filed Xerox copies of their Aadhar Cards in proof of their identity and the same are placed on record.
4. Even at the stage of appeal, the appellate court can exercise its powers to compound the offence. The allegation against the appellant is that he abused and beaten by pulling the shirt of PW1. The offence is of the year 2008 and after 14 years the complainant does not intend to prosecute the appellant.
5. In view of the compromise entered between the appellant/accused and the defacto complainant/victim, I.A.Nos.1 and 2 of 2022 are allowed. Consequently, the Criminal Appeal is allowed and the conviction and sentence 3 passed against the appellant/accused in S.C.No.18/2009 dt.24.06.2010 on the file of the Special Sessions Judge for Trial Offences under SC/ST (POA) Act at Khammam, is set aside.
6. As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.
__________________ K.SURENDER, J Date: 16.11.2022 tk 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.830 OF 2010 ALONG WITH I.A.NOs.1 AND 2 OF 2022 Dt.16.11.2022 tk