Dobbidi Ravi Kumar vs The State Of A.P.
2022 Latest Caselaw 2862 AP

       THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

                     I.A.Nos.1 and 2 of 2022

                              IN/AND

          CRIMINAL REVISION CASE No.1427 of 2018

ORDER:

This criminal revision case is filed under Section 397 & 401

of Code of Criminal Procedure, 1973 (for short "Cr.P.C") assailing

the judgment dated 08.06.2018 in Criminal Appeal No.79 of 2017

on the file of Principal Sessions Judge, West Godavari at Eluru,

whereby the conviction and sentence imposed against the

petitioners vide calendar and judgment dated 20.02.2017 in

C.C.No.62 of 2016 on the file of II Additional Junior Civil Judge,

Tadepalligudem.

It is brought to the notice of this Court that pending the

criminal revision case, A-3 died.

I.A.No.1 of 2022 is filed under Section 320 (8) of Cr.P.C.,

seeking to permit the petitioners to compound with offence.

I.A.No.2 of 2022 is filed under Section 320 (6) of Cr.P.C.,

seeking to permit the petitioners to compromise the matter.

In support of the petition, the defacto complainant, who was

examined as P.W.1, himself filed the affidavit stating that revision

petitioners and P.Ws.1 to 3 are interrelated to each other and at

the intervention of elders, they compromised the matter and he

has no objection to record compromise the matter.

The revision petitioners/A-1 and A-2 are present before the

Court and they produced their respective Aadhar cards and they

were identified by Sri Y.Ramatirtha, learned counsel for petitioners.

P.W.1-V.Durgarao, P.W.2-V.Venkata Durga and P.W.3

V.Nathanial are present before the Court and they also produced

their respective Aadhar cards and they were identified by Sri

Y.Ramatirtha, learned counsel for petitioners.

This Court enquired with P.Ws.1 to 3 with regard to their

intention to compromise the matter with petitioners in criminal

revision case. P.Ws.1 to 3 stated that they voluntarily entered into

compromise matter with the accused and they have no objection to

record compromise and to compound the offence.

Since the contents of the affidavit reveal that both the parties

have compromised the matter voluntarily, the offence under

Section 324 r/w 34 of IPC, can be compounded under Section 320

of Cr.P.C. Accordingly, I.A.Nos.1 and 2 are allowed.

Consequently, Criminal Revision Case is allowed and the

conviction and sentence dated 20.02.2017 passed in C.C.No.62 of

2016 on the file of II Additional Junior Civil Judge,

Tadepalligudem, as confirmed in Criminal Appeal No.79 of 2017

dated 08.06.2018 on the file of the Principal Sessions Judge, West

Godavari at Eluru is set aside. Accordingly, the revision

petitioners 1 and 2 are acquitted for the offence under Section 324

r/w 34 of IPC. The amount of fine paid by the petitioners shall be

refunded to them.

As a sequel, all the pending miscellaneous applications shall

stand closed.

_________________________ SUBBA REDDY SATTI, J

27th June, 2022

PVD