Order vs Criminal Revision Case
2022 Latest Caselaw 1455 AP

     THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                             I.A.No.2 of 2022

                                 In/And

              CRIMINAL REVISION CASE No.395 of 2013

ORDER:-

       The Sub-Inspector of Police, Amaravathi filed charge sheet

under Sections.324 r/w 34 of Indian Penal Code (for short,

"I.P.C.").


2.     The case of the prosecution in brief is that on a complaint

made by the de facto complainant, who is             impleaded as 2nd

respondent in the Criminal Revision Case, the Court of II

Additional Judicial Magistrate of First Class, Sattenapalli

convicted the A-1 to A-3 for the offence under Sections. 324 r/w

34 of I.P.C. and sentenced them to undergo simple

imprisonment for six months each and to pay the fine amount of

Rs.1,000/- each. In default of payment of fine, the accused shall

undergo simple imprisonment for two weeks each.

3. Aggrieved by the same, the accused preferred an appeal

before the Court of V Additional Sessions Judge (Fast Track

Court), Guntur. The lower appellate Court confirmed the

judgment passed by the trial Court vide judgment dated

21.02.2013.

4. Aggrieved by the same, the petitioners filed the present

Criminal Revision Case.

5. When the matter is taken up for hearing, the learned

counsel for the petitioners and the 2nd respondent/de facto

complainant submitted that the parties have entered into

compromise and settled the matter out of Court and that the

terms of compromise are reduced into writing in the form of

memorandum of compromise and that I.A.No.2 of 2022 has

been filed seeking permission to record compromise.

6. The petitioners/A-1 to A-3 are present before this Court

and had asserted the terms of compromise.

7. In view of the settlement arrived at between the parties no

purpose would be served in keeping the proceedings pending.

Having regard to the enabling provision of Section.320 of

Criminal Procedure Code permission is accorded and the

compromise is recorded.

8. Accordingly, I.A.No.2 of 2022 is allowed and the Criminal

Revision Case is allowed and the conviction and sentence

recorded against the petitioners in the Judgment dated

27.09.2012 in C.C.No.210 of 2010 on the file of the Court of II

Additional Judicial Magistrate of First Class, Sattenapalli, which

was confirmed in Criminal Appeal No.349 of 2012 on the file of

the Court of V Additional Sessions Judge (Fast Track Court),

Guntur on 21.02.2013 is set aside. Consequently, the accused

shall be set at liberty, forthwith, if they are not required in any

other case or crime. The memorandum of compromise shall

form part of this order.

Miscellaneous petitions, if any pending, in the Criminal

Petition, shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 24.03.2022 EPS

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

I.A.No. 2 of 2022

In/And

CRIMINAL REVISION CASE No.395 of 2013

Date: 24-03-2022

EPS