Segella Sekella Raju vs The State Of A.P
2022 Latest Caselaw 1200 AP

       THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY

                 I.A.NOs.2 and 3 OF 2021 IN
              CRIMINAL APPEAL No.2020 of 2018
            AND CRIMINAL APPEAL No.2020 of 2018

ORDER:-

      The petitioner in I.A.Nos. 2 of 2021 and 3 of 2021 is the

appellant in Criminal Appeal No.2020 of 2018 preferred

against the judgment passed on 09.07.2018 by the learned

Special Judge for trial of cases under the SCs and the STs

(PoA) Act,1989-cum-Aditional District and Sessions Judge,

Srikakulam (for short 'the Special Judge') in S.C. No.38 of

2016, whereunder the learned Special Judge convicted him of

the offence under Section 417 of Indian Penal Code (IPC) and

was sentenced to undergo simple imprisonment for a period

of one year, while acquitting him of the offences punishable

under Sections 376 IPC and 3(2) (va) of the SC and the ST

(PoA) Act, 2015 (Amendment Act).

      2.    During the pendency of the Criminal Appeal, the

appellant/accused filed Applications in I.A.No.2 of 2021

under Section 320 (5) Cr.P.C. seeking special leave to

compound the offence and in I.A.No.3 of 2021 under Section

320 (2) Cr.P.C. seeking permission of this Court to compound

the offence under Section 417 IPC by directing the matter to

be posted before Lok Adalat. Along with the said application,

a joint memo signed by both the victim-cum-de facto

complainant     and    the   appellant/accused   and   also   an

agreement signed by both of them are filed. The de facto

complainant and the petitioner/accused filed their respective

affidavits also to that effect.
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      3. On the said applications, this Court, by an order,

dated 03.02.2022, directed the parties to file an appropriate

application for compromise before the learned Special Judge

and upon filing of the same, the said Court was directed to

verify the compromise with due identification of the parties

and thereafter send the entire record to this Court along with

its order of verification.

      4. It appears that both parties, in pursuance of the

above order passed by this Court, approached the learned

Special Court, and on 16.2.2022, the learned Sessions Judge

passed an order stating that the petitioner/accused, duly

identified by Sri C.Narasimha Murty, learned counsel and the

victim by name Korlakota Tulasibai, duly identified by the

police constable Sri K.Srinivasa Rao, P.C.No.1208 of II Town

Police Station, Srikakulam in the presence of the learned

Special Public Prosecutor, were present before him on

16.2.2022

and after verifying the aadhar cards of both the

parties, endorsed that he was satisfied with the identity of the

parties. It is further stated that the victim informed that both

of them having married and living separately with their

respective children and to avoid any further complications in

their respective families, she wanted to withdraw the case

without expecting any money. The learned Special Judge,

after recording satisfaction about the compromise between

the parties, returned the record to this Court.

5. Heard Sri K. Venkat Rao, learned counsel for the

appellant, Sri R. Sujan Kumar, learned counsel for the

de facto complainant and the learned Additional Public

Prosecutor. Perused the material placed on record.

6. The appellant/accused was convicted of the offence

punishable under Section 417 IPC. It is stated that no appeal

has been preferred against the acquittal recorded by the

learned Special Judge of the offences punishable under

Sections 376 IPC and 3(2) (va) of the SC and the ST (PoA) Act,

2015 (Amendment Act). Considering the satisfaction recorded

by the learned Special Judge about the compromise arrived at

between the parties, this Court feels that permission can be

accorded to compound the offence punishable under Section

417 IPC and accordingly, this Court grants special leave

under Section 320 (5) Cr.P.C. and also the permission to

compound the offence under Section 320 (2) Cr.P.C.

Accordingly, in view of the compromise between the parties,

the appellant/accused is acquitted of the offence punishable

under Section 417 IPC in terms of Section 320 (8) Cr.P.C.

7. In the result, I.A.Nos.2 and 3 are allowed and the

Criminal Appeal stands allowed.

Miscellaneous petitions pending, if any, in this Criminal

Appeal shall stand closed.

_________________________________ JUSTICE K. SREENIVASA REDDY Date: 07.3.2022 Note:

Issue C.C. by 09.3.2022 B/o GR

THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY

I.A.NOs.2 and 3 OF 2021 IN CRIMINAL APPEAL No.2020 of 2018 AND CRIMINAL APPEAL No.2020 of 2018

Date:07.3.2022

GR