Mahavir Ghandhi vs The State Of Telangana
2021 Latest Caselaw 2124 Tel

                 THE HONOURABLE JUSTICE G. SRI DEVI

       I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.340 of 2019
                                AND
       I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.354 of 2019

COMMON JUDGMENT:

       Since the parties and conviction and sentence recorded in both

the appeals are arising out of the same Judgment, these two appeals

are being heard together and disposed of by way of Common

Judgment.


       2.        These two Criminal Appeals, under Section 374 (2) of the

Code        of   Criminal    Procedure,     1973,     are     filed     by   the

appellants/accused Nos.1 to 5, respectively seeking to set aside the

conviction       and   sentence   imposed    by     the   learned      Additional

Metropolitan Sessions Judge, Hyderabad for trial of Communal

Offences-cum-VII         Additional   Metropolitan          Sessions      Judge,

Hyderabad, vide Judgment, dated 09.04.2019, in Crl.A.No.391 of

2017 by confirming the order of acquittal passed by the learned XV

Additional Chief Metropolitan Magistrate, Hyderabad, vide Judgment,

dated 18.01.2017, in C.C.No.81 of 2013.


       3.        Heard learned counsel for the appellants, learned

counsel for the 2nd respondent/complainant and learned Assistant

Public Prosecutor. Perused the record.

4. During pendency of these two appeals, the appellants as

well as respondent No.2 have entered into compromise at the

intervention of elders and well-wishers outside the Court and

accordingly, they have filed I.A.Nos.1 and 2 of 2021 in Crl.A.No.340

of 2019 and I.A.Nos.1 and 2 of 2021 in Crl.A.No.354 of 2019 seeking

to compound the offences and to set aside conviction and sentence

imposed by the first appellate Court vide its Judgment, dated

24.04.2019 in Crl.A.No.391 of 2017 against the appellants/accused

Nos.1 to 5 respectively.

5. Today, when the matter is called, both the parties are

present in-person before this Court and they are identified by their

respective counsel. They also filed photocopies of Aadhar cards and

photographs in proof of their identity. This Court, when examined,

both the parties have stated that at the instance of elders and well-

wishers, they have settled the matter out of the Court and the de

facto complainant has no objection to set aside the conviction and

sentence imposed by the first appellate Court against the appellants/

accused Nos.1 to 5, respectively in Crl.A.No.391 of 2017 by recording

the compromise.

6. Both parties have also filed Memorandum of

Compromise, dated 30.12.2020 and according to the said

Memorandum of Compromise, the appellant/accused No.1 is agreed

to pay a sum of Rs.7,00,000/- by way of Demand Draft towards full

and final settlement of compromise in O.P.No.205 of 2016 and all

other cases pending between the parties.

7. Learned counsel for the appellants would submit that

according to the said Memorandum of Compromise the

appellant/accused No.1 has paid a sum of Rs.7,00,000/- (Rupees

Seven Lakhs only) to respondent No.2/complainant by way of

Demand Draft bearing No.478918 drawn on 'YES' Bank, Hyderabad,

and receipt of the same has been acknowledged by respondent

No.2/complainant on 26.04.2021.

8. In the light of the compromise arrived at between the

parties, the Memorandum of Compromise, dated 30.12.2020, filed by

the both parties is taken on record and I.A.Nos.1 and 2 of 2021 in

Crl.A.No.340 of 2019 and I.A.Nos.1 and 2 of 2021 in Crl.A.No.354 of

2019 are ordered. The Memorandum of Compromise, dated

30.12.2020, shall form part of the record.

9. In the result, both the Criminal Appeals are allowed in

terms of compromise. The conviction and sentence recorded against

the appellants/accused Nos.1 to 5, respectively vide Judgment, dated

09.04.2019, in Crl.A.No.391 of 2017 by the learned Additional

Metropolitan Sessions Judge for Trial of Communal Offence Cases-

cum-VII Additional Metropolitan Sessions Judge, Hyderabad, for the

offences punishable under Section 498-A and 506 I.P.C and Sections

4 and 6 of the Dowry Prohibition Act, 1961, are set aside and

accordingly, they are acquitted of the said offences. The bail bonds

furnished of the appellants, if any, shall stand cancelled and the

sureties shall stand discharged.

Miscellaneous Petitions, pending if any, shall stand closed.

______________________ JUSTICE G.SRI DEVI

16th, July, 2021

YVL

THE HONOURABLE JUSTICE G. SRI DEVI

I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.340 of 2019 AND I.A.Nos.1 and 2 of 2021 IN/AND Crl.A.No.354 of 2019

Date: 16.07.2021

YVL