Telangana High Court
Mandala Narsimha Swamy vs The State Of A.P. on 1 December, 2022
Bench: K.Surender
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1063 OF 2007
O R D E R:
Heard. Perused the record.
2. The revision petitioner is questioning the findings recorded by
the learned Special Judicial First Class Magistrate, Warangal, as
confirmed by the learned IV Additional Sessions Judge, Warangal,
convicting the petitioner under section 498-A of I.P.C and under
Sections 3 and 4 of Dowry Prohibition Act. The offence is of the year
2004. The petitioner was prosecuted for the said offences and
convicted vide judgment dated 12.07.2006 in C.C.No.204 of 2004 on
the file of learned Special Judicial First Class Magistrate, Warangal.
3. Aggrieved by the same, the petitioner preferred appeal before
the learned IV Additional Sessions Judge, Warangal, vide Crl.A.No.81
of 2006. The said appeal was disposed of vide judgment dated
30.07.2007, confirming the conviction and sentence imposed for the
offences punishable under Section 498-A of I.P.C and Sections 3 and
4 of D.P.Act. Subsequently, the parties entered into compromise and
settled their disputes before the Lok Adalat conducted by the District
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Crl.r.c.No.1063 of 2007
Legal Services Authority, Warangal, in FLSA No.156 of 2009. The
petitioner was arrayed as respondent therein and is paying the
amount of maintenance to the satisfaction of his wife and daughter.
In terms of compromise, it was specifically agreed that the present
revision would be compromised. The said compromise was recorded
and filed on 21.01.2011. Accordingly, award passed in presence of
the parties on the terms of compromise agreed by both the parties.
In the said terms of compromise, the case filed against the
respondent in CC.No.204 of 2004 on the file of learned Special
Judicial First Class Magistrate, Warangal, under Section 498-A of
Cr.P.C was agreed to withdraws at the cost and expenses of the
petitioner herein.
4. The offence under Section 498-A of Cr.P.C is compoundable
offence and this Court under Sections 482 and 401 of Cr.P.C can
compound the offences punishable under Sections 3 and 4 of
D.P.Act. In the present case, when the parties have already
compromised.
5. Further, keeping in view of the settlement arrived between the
parties and the terms of compromise entered into between the
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Crl.r.c.No.1063 of 2007
parties, taking into consideration the said compromise on record,
this Court deems it appropriate to allow the Criminal Revision Case.
6. In the result, the Criminal Revision Case is allowed setting
aside the conviction and sentence imposed against the petitioner
vide judgment dated 12.07.2006 in C.C.NO.204 of 2004 on the file
of learned Special Judicial First Class Magistrate, Warangal, as
confirmed vide judgment dated 30.07.2007 in Crl.A.No.81 of 2006
on the file of learned IV Additional Sessions Judge, Warangal.
Miscellaneous applications, if any pending, shall stand closed.
_____________
K.SURENDER, J
Date: 01.12.2022
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Ks,J
Crl.r.c.No.1063 of 2007
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1063 OF 2007
01.12.2022
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