Andhra Pradesh High Court - Amravati
Turaka Venkata Ramana, vs The State Of Andhra Pradesh on 29 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^i^^v'^O^
THURSDAY, THE TWENTY NINETH DAY OF AUGUST "
TWO THOUSAND AND TWENTY FOUR Li' x>
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATA
I.A.No.3 of 2024
in/and
CRIMINAL APPEAL No.246 of 2024
Appeal filed under Section 374(2) of Cr.P.C, against the Judgment
and sentence dated 01. 04. 2024 passed in H.R.C No. 01 of 2016 on the
file of the 1®' Additional District and Sessions Judge, Nellore, SPSR Nellore
District.
Between:
Turaka Venkata Ramana, S/o.Ananthatiah, Aged about 44 years, Occ:
Sub-Inspector of Police, Currently working as Sub-Inspector of police,
Tirupathi Rural Police Station, R/o.Reddy Bavi Street, 2-4, Kota,
Nellore, Andhra Pradesh.
...Appellant/Accused
AND
1. The State of Andhra Pradesh, Represented by Public Prosecutor, High
Court of Andhra Pradesh, At Amaravathi.
...Respondent/Complainant
2. Chilakapati Venkateswarlu, S/o. Late Thirupathi, aged 60 years, R/o.
Yadavapalem, Bogolu, SPSR Nellore District.
...Respondent-2
(Respondent No.2 is impleaded as per the Court order dated
23.08.2024 in I.A.No.1 of 2024 in Crl.A.No.246 of 2024.)
lA NO: 1 OF 2024
Petition under Section 482 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to suspend the conviction/sentence Imposed vide Judgment dated
01. 04. 2024 passed in H.R.C No 01 of 2016 on the file of the 1®'Additional
District and Sessions Judge, Nellore by granting bail, pending disposal of
the above criminal appeal.
lA NO: 3 OF 2024
Between:
Chilakapati Venkateswarlu, S/o. Late Thirupathi, aged 60 years, R/o.
Yadavapalem, Bogolu, SPSR Nellore District.
...Petitioner/Proposed Respondent-2
AND
1. Turaka Venkata Ramana, S/o.Ananthatiah, Aged about 44 years, Occ:
Sub-Inspector of Police, Currently working as Sub-Inspector of police,
R/o.Reddy Bavi Street, 2-4, Kota, Nellore, Andhra Pradesh.
... Respondent/Appellant
2. The State of Andhra Pradesh, Represented by Public Prosecutor, High
Court of Andhra Pradesh, At Amaravathi.
...Respondent/ Respondent
Petition under Section 359(8) CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to compound the offences in H.R.C.No.1 of 2016 on the file of the
Court of the I Additional District and Sessions Judge, Nellore and acquit
the 1®' respondent/appellant.
Counsel for the Appellant : Sri Omkar D
Counsel for the Respondent No.1 : Public Prosecutor
Counsel for the Respondent No.2 : Sri Kochiri Raja Shekar
The Court made the following:
APHC010170122024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
lA 3 OF 2024
IN
CRIMINAL APPEAL NO: 246/2024
&
CRIMINAL APPEAL NO: 246/2024
lA 3 of 2024
Between:
Chilakapati Venkateswarlu. ...PETITIONER/2^° RESPONDENT
AND
Turaka Venkata Ramana and another. ...RESPODENTS/APPELLANT
CRIMINAL APPEAL NO.246/2024
Between:
Turaka Venkata Ramana. ... ACCUSED/APPELLANT
AND
The State of Andhra Pradesh and another.
... RESPONDENTS/COMPLAINANT
Counsel for the Appellant:
1.0MKAR D
Counsel for the Respondents:
1. PUBLIC PROSECUTOR (AP)
2.KOCH1RI RAJA SHEKAR
2
The Court made the following:
JUDGMENT:
The instant appeal under Section 374(2) of Code of Criminal
Procedure, 1973 has been filed by the appellant, seeking to set aside the
judgment passed in HRC No.1 of 2016, by the I Additional District & Sessions
Judge, Nellore, for the offences punishable U/Secs.323, 341, 504 and 506 of
the Indian Penal Code r/w 2(d) of Human Rights Act.
2. The appellant/accused and 2""^ respondent/complainant appeared
before this Court. Attested copies of Aadhar Cards of both parties filed for
proper identification. Sri D. Omkar, learned counsel for the appellant/accused
and Sri Kochiri Raja Sekhar, learned counsel for 2"'' respondent/complainant
are present. Learned Assistant Public Prosecutor is in attendance and
reported no objection to record the compromise.
3. The appellant/accused was convicted for the offences punishable
U/Secs.323, 504 and 506 of the Indian Penal Code r/w 2(d) of Human Rights
Act and sentenced to undergo simple imprisonment of six (06) months and to
pay a fine of Rs.500/- for the offence punishable U/Sec.323 of IPC; simple
imprisonment of six (06) months and to pay a fine of Rs.500/- for the offence
punishable U/Sec.504 of IPC; sentenced to undergo simple imprisonment of
six (06) months and to pay a fine of Rs.500/- for the offence punishable
U/Sec.506(i) of IPC and further imposed to pay a fine of Rs.10,000/- towards
compensation for the offence punishable U/Sec.2(d) of Human Rights Act.
Feeling aggrieved by the impugned judgment of conviction and sentence, the
accused preferred the present appeal. During the pendency of the appeal, the
parties entered compromise the issue.
4. Sri D. Omkar, learned counsel for the appellant/accused, would
submit that the parties entered compromise and prays to record the
compromise and set aside the judgment of conviction and sentence passed
against the appellant/accused.
5. This Court enquired the 2^^^ respondent/complainant, who appeared
before this Court, he would submit that without any fear or influence, he
entered compromise voluntarily.
6. Considering the submissions made and the circumstances of the
case, as the parties entered compromise to maintain peace and tranquillity, it
is apposite to allow the petition.
7. In that view, I.A.No.3 of 2024 is allowed and compromise is recorded.
8. As the offences are compoundable, the impugned judgment of
conviction and sentenced passed against the appellant/accused is hereby set
aside and accused is acquitted for the charges U/Secs.323, 504 and 506 of
the Indian Penal Code r/w 2(d) of Human Rights Act.
9. Accordingly, the Criminal Petition is allowed.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/- E.KAMESWARA RAO
DEPUTY REGISTRAR
//TRUE COPY//
To
(r^ECTIOrlrOFFICER
1. The I Additional District and Sessions Judge, Nellore, SPSR Nellore
District.
2. The Section Officer, Criminal Section, High Court of Andhra Pradesh
3. One CC to Sri Omkar D, Advocate [OPUC]
4. One CC to Sri Kochiri Raja Shekar, Advocate [OPUC]
5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh,
Amaravathi[OUT]
6. Three CD Copies
TK
*along with the Joint Memo in I.A.No.3 of 2024 in CRLA No.246 of 2024.
HIGH COURT
DATED:29/08/2024
ORDER
I.A.No.3 of 2024 in/an CRLA.No.246 of 2024
i 0 5 SEP WS „ m
o>
Current Section
^aifct.^C'spATCV'^ii^
ALLOWING THE I.A.No.3 of 2024 AND
ALLOWING THE CRIMINAL APPEAL
%
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT AMARAVATI
I.A.No. of 2024
in
Between;
Turaka Venkata Ramana,
S/o Ananthaiah, aged about 44 years,
OcciSub-lnspectorof Police,
R/o Reddy Bavi Street, 2-4, Kota,
SPSR Nellore District.
.. .Appellant/Accused
And
1. State of Andhra Pradesh,
rep. by the Public Prosecutor,
High Court of Andhra Pradesh at Amaravati.
2. Chilakapati Venkateswarlu,
S/o late Thirupathi, aged 60 years,
R/o Yadavapalem, Bogolu,
SPSR Nellore District.
...Respondents/Complainant
JOINT MEMO
1. It is submitted that the 2^'^ respondent herein filed a complaint, which is
numbered as H.R.C.No.1 of 2016 on the file of the Court of the I Additional
District and Sessions Judge, Nellore, against the appellant/accu sed. The said
complaint was taken on file for the orfences punishable under Sections 323,
341, 504, 506 IPC and Section 2(d) of the Human Rights Act.
2.
It is submitted that the Sessions Court, after conducting enquiry arid
trial, vide judgment dated 1.4.2024. found the appellant not guilty for the
N offence under Section 341 IPC and acquitted him for the said offence.
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Sections 323,
however, the Sessions Court found guilty for the offences under
504, 506 IPC r/w Section 2(d) of the Protection of Human Rights Act and
convicted the appellant and sentenced him to undergo simple imprisonment
has filed the above
Aggrieved against the said judgment, the appellant
numbered appeal before this Hon'ble Court, which is pending consideration.
3. It is submitted that with free will and consent without any threat. Force
nd
and coercion and at the intervention of the elders and well wishers, the 2
settle the dispute with the
respondent/complainant agreed to
nd
ise arrived at by the parties, the 2
appellant/accused. In view of the compromise
respondent/complainant has also filc-d a petition to compound the offences
Accordingly, both the parties arrived at a compromise and file the present joint
memo to that effect.
It is therefore prayed that this Hon'ble Court may be pleased to record
the compromise aod acquit the appellant from the offences by setting set-
aside the judgment dated 1.4.2024 passed in H.R.C.No.1 of 2016 on the file of
the Court of the I Additional District and Sessions Judge, Nellore
^v>y ■S
Counsel for Respondent-2/ Vi'
Complainant Appellant/Accused
CounsM^Respondent-2 Counsel'for Appellant
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