N. Kalpana, Chittoor Dist. vs R. Jayakrishna, Chennai 8 Othrs
2021 Latest Caselaw 5198 AP

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      THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

                   Criminal Appeal No. 612 of 2015

JUDGMENT:

1) The present Appeal is filed by the wife assailing the

Judgment of acquittal in S.C. No. 457 of 2012 on the file of the

Principal Assistant Sessions Judge, Tirupati.

2) Initially, a case in Crime No. 09 of 2012 of Mahila Police

Station, Tirupati, was registered and the police after

investigation filed a charge-sheet for the offences punishable

under Sections 498A, 506, 323, 427, 420 and 307 of Indian

Penal Code ['I.P.C.'] and Section 3 and 4 of the Dowry

Prohibition Act, 1989. After a full fledge trial, the Trial Court

acquitted the accused vide judgment, dated 30.04.2015.

Challenging the same, the appellant, who was examined as PW1,

filed the present appeal.

3) Sri. Md. Rafi, Counsel representing Sri. G. Ramachandra

Reddy, learned Counsel for the Appellant, would submit that,

pending the appeal, the matter has been settled between the

parties and, as such, the appellant intends to withdraw the

appeal subject to condition that the respondents shall return all

the photographs and videos relating to both of them and also

delete all the e-mails and messages etc., with him.

4) Sri. S.V.S.S. Shiva Ram, learned Counsel representing

Sri. Chella Gunaranjan, learned Counsel for the Respondents,

would submit that, 1st respondent has filed a reply affidavit

stating that all the messages have been deleted and he does not

have any photographs or videos relating to both of them. It

would be appropriate to extract paragraph no. 2 of the reply,

which reads as under:

"..... I submit that to put a quietus to the issues between the appellant and the answering respondent and in the best interests of our families, in response to the averments made at paras 3 and 4 of the counter, I submit that I do not have any of the photographs and videos relating to both of us and I further unequivocally undertake that I have deleted all the emails, messages exchanged, photographs and videos between me and the appellant herein and further undertake and state that I do not possess any articles or other items of the appellant with me."

5) Having regard to the above, permission is accorded.

Accordingly, the Appeal is dismissed as withdrawn.

6) Consequently, miscellaneous petitions, if any, pending

shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR Date: 14.12.2021 S.M...

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

Criminal Appeal No. 612 of 2015

Date: 14.12.2021

S.M.