Chappa Venugopala Naidu vs. Kurmadasu Suresh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Lalitha Kanneganti
Listed On:
22 Oct 2021
Order Text
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI I.A.Nos.4 & 5 of 2021
IN/AND
CRIMINAL REVISION CASE NO.613 of 2021
ORDER:
I.A.Nos.4 & 5 of 2021
These miscellaneous petitions are filed by the petitionercomplainant seeking permission of this Court to permit the petitioner to enter into compromise with 1st respondent (revision petitioner) and compound the case in C.C.No.194 of 2012 on the file of I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Bobbili.
It is stated in the affidavit filed in support of the petition that during the pendency of criminal revision, at the instance of elders, the matter was amicably settled between the petitioner and accused. Accordingly, the accused paid an amount of Rs.1,00,000/- (Rupees one lakh only) to the complainant towards full and final settlement. The petitioner/complainant has no objection for allowing the revision by compounding the offence. It is stated that both the parties have voluntarily entered into compromise and to that effect a joint memo is also filed before this Court.
Both the parties are present and they are identified by their respective counsels. Further, it is stated by both the parties that they have voluntarily entered into compromise due to intervention of elders and well wishers. The complainant submitted that in view of the compromise entered between the parties, continuation of criminal proceedings is not necessary and the offence can be compounded and Crl.R.C.No.613 of 2021 can be allowed.
Therefore, taking into consideration the facts of the case, as the parties have compromised, permission is granted to compound the offence and compromise is recorded as per the terms and conditions mentioned in the petition. Accordingly, these petitions are ordered.
Criminal Revision Case No.613 of 2021
In view of the order passed in I.A.Nos.4 & 5 of 2021, this criminal revision case is allowed and the conviction and sentence dated 26.07.2018 passed in C.C.No.194 of 2012 on the file of I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Bobbili as confirmed in Criminal Appeal No.75 of 2018 dated 25.04.2019 on the file of II Additional District & Sessions Judge, Parvathipuram is set aside. The amount, if any, deposited by the revision petitioner shall be refunded to him.
As a sequel, miscellaneous applications pending if any, shall stand closed. No costs.
__________________________________ JUSTICE LALITHA KANNEGANTI
22nd October, 2021 PVD
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
compromise
I.A.Nos.4 & 5 of 2021 IN/AND CRIMINAL REVISION CASE NO.613 of 2021
22nd October, 2021
PVD
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