R.Basanthi vs. Myneni Naveen Kumar

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.319 of 2004 & CRIMINAL REVISION CASE No.837 of 2004

COMMON JUDGMENT:

1. Since both the matters arise out of one and the same judgment, both the cases are heard together and disposed of by this common judgment.

2. The above Criminal Appeal is preferred by the accused challenging the conviction and sentence imposed by the Sessions Judge, Mahila Court, Vijayawada, Krishna District, vide judgment dated 30.1.2004 in Sessions Case No.275 of 2001 whereas Crl.R.C. is filed by the complainant seeking enhancement of punishment against the accused.

3. The accused was tried in Sessions Case No.275 of 2001 for the offence punishable under Section 354 IPC and the trial Court found him guilty for the said offence and convicted and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/- in default to suffer simple imprisonment for a period of six months. Aggrieved by the conviction and sentence, the accused filed Criminal Appeal whereas the de facto complainant filed the above Crl.R.C. for enhancement of sentence.

4. When these matters have taken up, the Counsel for both the parties informed that the parties entered into compromise since they are known to each other. The de facto complainant appeared before this Court and informed that at the instance of elders, both of them arrived at a settlement so as to lead peaceful life by maintaining peace and tranquility and as such, she does not want to proceed against the accused. She also filed an affidavit before this Court.

5. A perusal of the affidavit filed by the de facto complainant goes to show that the matter was settled and thereby, it is requested to acquit the accused.

6. In view of the amicable settlement of the dispute between the parties, even though the offence under Section 354 IPC is now non-compoundable, but taking into consideration that the said offence is compoundable in nature on the date of occurrence, the de facto complainant is permitted to compound the offence.

7. For the foregoing reasons, the conviction and sentence imposed by the trial Court against the accused for the offence under Section 354 IPC vide judgment dated 30.1.2004 in S.C.No.275 of 2001 are set aside and the accused is acquitted for the said offence.

8. The affidavit filed by the de facto complainant shall form part of the record.

9. Accordingly, both the Criminal Appeal and Crl.R.C. are disposed of.

Consequently, the miscellaneous petitions, if any pending in both the cases, shall stand closed.

_______________ RAJA ELANGO, J

19 th February, 2013 Nn

THE HON'BLE SRI JUSTICE RAJA ELANGO

CRIMINAL APPEAL No.319 of 2004 & CRIMINAL REVISION CASE No.837 of 2004

19.02.2013

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