Citation : 2021 Latest Caselaw 417 Tel
Judgement Date : 12 February, 2021
HONOURABLE JUSTICE G. SRI DEVI
I.A.No.2 of 2020
In/and
CRIMINAL APPEAL No.1557 of 2018
JUDGMENT:
The present Criminal Appeal is filed under Section 374 (2) of
Cr.P.C., challenging the conviction and sentence imposed against
the appellant/A-1 for the offences punishable under Section 498-A
of I.P.C. and Section 4 of the Dowry Prohibition Act in Crl.A.No.33
of 2016 on the file of the Principal Sessions Judge, Khammam.
During pendency of the Criminal Appeal, I.A.No.2 of 2020
came to be filed by the 2nd respondent to record the compromise.
Along with the petition, a joint memo which is signed by the
parties and their counsel, photographs of the parties and Photostat
copies of their Aadhar Cards came to be filed. It is stated in the
affidavit that at the intervention of elders and well wishers, the
parties have settled their disputes in terms of the Mutual
Agreement, which is filed along with the compromise petition. As
per the Mutual Agreement, the appellant, who is the husband of
the second respondent, agreed to pay Rs.5,00,000/- towards
permanent alimony to the second respondent and her son.
Today, the appellant and the second respondent are present
before this Court and they were identified by their respective
counsel. This Court, when examined, both the parties have stated
that at the instance of the elders, they have settled the matter out
of the Court and the second respondent has acknowledged the
receipt of Rs.5,00,000/- and she has no objection for setting aside
the conviction and sentence imposed against the appellant/A-1.
The Mutual agreement shall do form part of this order.
In the light of the compromise arrived at between the
parties, the compromise memo filed by both the parties is
recorded and I.A.No.2 of 2020 is ordered.
In the result, the Criminal Appeal is allowed in terms of
compromise. The conviction and sentence recorded against the
appellant/A-1 for the offences punishable under Section 498-A IPC
and Section 4 of the Dowry Prohibition Act, 1961 in Crl.A.No.33 of
2016 on the file of the Principal Sessions Judge, Khammam, are set
aside and accordingly, he is acquitted for the said offences. The
bail bonds of the appellant shall stands cancelled.
Miscellaneous petitions, if any, pending, shall stand closed.
________________ JUSTICE G. SRI DEVI 12.02.2021 gkv
HONOURABLE JUSTICE G. SRI DEVI
I.A.No.2 of 2020 In/and CRIMINAL APPEAL No.1557 of 2018 Dated: 12.02.2021
gkv
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