Nanneboina Veerabhadram, ... vs State Of A.P.,Rep.By P.P., High ...
2022 Latest Caselaw 5915 Tel

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     THE HONOURABLE SRI JUSTICE K. SURENDER

CRIMINAL APPEAL No.830 OF 2010 ALONG WITH I.A.NOs.1 AND 2 OF 2022

COMMON ORDER:

Pending disposal of the appeal impugning the trial

court's conviction judgment dated 24.06.2010 in

S.C.No.18/2009 for the offences punishable under Section

3(1) (x) of the Scheduled Caste & Scheduled Tribes (POA) Act,

1989 of six months simple imprisonment and to pay a fine of

Rs.1,000/- with default sentence and under Section 323 of

the Indian Penal Code of three years rigorous imprisonment

and to pay a fine of Rs.5,000/- with default sentence, the

appellant/accused and de facto complainant/victim having

present sought permission of the Court to compound the

offence in I.A.No.1 of 2022 and to record compromise in

I.A.No.2 of 2022, in the appeal.

2. The appellant/accused and the defacto

complainant/victim have filed Joint Compromise Memo in

IA.No.2/2022 containing the terms of compromise, signed by

both the parties and their respective counsel stating that they

have settled the disputes between them amicably and the

defacto complainant has no objection in setting aside the

conviction against the appellant in the above crime. The said

joint memo of compromise is placed on record.

3. The Appellant/accused and defacto complainant/victim

are present in person and they are identified by their

respective counsel. Both the parties filed Xerox copies of their

Aadhar Cards in proof of their identity and the same are

placed on record.

4. Even at the stage of appeal, the appellate court can

exercise its powers to compound the offence. The allegation

against the appellant is that he abused and beaten by pulling

the shirt of PW1. The offence is of the year 2008 and after 14

years the complainant does not intend to prosecute the

appellant.

5. In view of the compromise entered between the

appellant/accused and the defacto complainant/victim,

I.A.Nos.1 and 2 of 2022 are allowed. Consequently, the

Criminal Appeal is allowed and the conviction and sentence

passed against the appellant/accused in S.C.No.18/2009

dt.24.06.2010 on the file of the Special Sessions Judge for

Trial Offences under SC/ST (POA) Act at Khammam, is set

aside.

6. As a sequel, the miscellaneous Petitions, pending if any,

shall stand closed.

__________________ K.SURENDER, J Date: 16.11.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.830 OF 2010 ALONG WITH I.A.NOs.1 AND 2 OF 2022

Dt.16.11.2022

tk