Citation : 2024 Latest Caselaw 8285 AP
Judgement Date : 11 September, 2024
APHC010381942024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3365]
(Special Original Jurisdiction)
WEDNESDAY ,THE ELEVENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL REVISION CASE NO: 848/2024
Between:
Shaik Jainlabdin Basha ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. MAHESWARA RAO KUNCHEAM
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2. VIKRAM KUMAR INAMPUDI
The Court made the following:
I.A.No.2 of 2024
In/and
CRIMINAL REVISION CASE No.848 of 2024
ORDER:
-
This Criminal Revision Case under Sections 438 and 442 of
BNSS, is filed seeking to set aside the Judgment in Crl.A.No.283 of
2018 dated 25.05.2022 passed by the learned V Additional
Metropolitan Session Judge, Vijayawada which confirmed the judgment
of conviction and sentence in C.C.No.2060 of 2015 dated 22.10.2018
passed by the learned IV Additional Chief Metropolitan Magistrate-
cum-Additional Mahila Magistrate, Vijayawada.
2. Heard Sri. Maheswara Rao Kuncheam, the learned counsel for
petitioners and Sri. Vikram Kumar Inampudi, learned counsel for
respondent NO.2 and learned Assistant Public Prosecutor for State.
3. Perused the record.
4. I.A.No.2 of 2024 is filed by the revision petitioner/ accused
seeking permission for compounding the offences. There is on record,
a Joint compromise memo dated 22.08.2024.
5. Today, the respondent/complainant, Sri M.Sai Kiran and his
learned counsel appeared physically and seek compromise.
6. It is stated by the complainant who is respondent No.2 in the
criminal revision case, that matter was settled in terms of compromise
and he received an amount of Rs. 3,00,000/- by way of cash towards
full and final settlement and he submits that the compromise is
voluntary.
7. As could be seen from the joint memo, it bears signatures of the
convict and complainant and the same was attested by the Jailer,
Central Prison, Nellore.
8. Learned counsel for the revision petitioner further submits that
the accused/revision petitioner is in prison and undergoing sentence.
9. In the result, I.A.No.2 of 2024 is allowed. Consequently,
Crl.R.C.No.848 of 2024 is allowed in terms of compromise. The
impugned judgments of both the courts below are set aside. The
revision petitioner stand acquitted. His bail bond stand discharged.
Fine amounts paid by him, if any, be refunded on filing necessary
petitions before the trial Court. He shall be released from prison
forthwith.
As a sequel, miscellaneous petitions, if any pending, shall stand
closed.
_______________________________ JUSTICE DR. V.R.K.KRUPA SAGAR Date:11.09.2024 rsd
THE HON'BLE SRI JUSTICE DR. V.R.K.KRUPA SAGAR
I.A.no.2 and 3 of 2024 In/and CRIMINAL REVISION CASE No.848 of 2024
Dated 11.09.2024 rsd
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