THE HONOURABLE SRI JUSTICE M.SEETHARAMA MURTI CRL.R.C.M.P.No.4257 of 2014 & CRIMINAL REVISION CASE No.2333 of 2012 ORDER:
Challenging the judgment dated 21.09.2012 passed by the learned Judge, Family Court-cum-Additional Sessions Judge, Khammam in Criminal Appeal No.107 of 2011, the petitioner herein had preferred the present criminal revision case. By the impugned judgment, the learned Additional Sessions Judge had confirmed the judgment dated 27.06.2011 of the learned Judicial Magistrate of First Class, Bhadrachalam made in C.C.No.221 of 2008.
2. When the matter is taken up for hearing, on a lunch motion, the learned counsel for both the sides had submitted that the parties had settled the disputes between them out of Court and that Crl.R.C.M.P.No.4257 of 2014 is filed stating that the parties have entered into a compromise. Therefore, permission is sought to compound the offence punishable under Section 498- A of the IPC. The complainant had filed Crl.R.C.M.P.No.4256 of 2014 seeking permission of the court to implead her as 2nd respondent in the revision. The said petition is allowed, by a separate order passed today.
3. Both the parties as well as their counsel have signed on the Joint memorandum of compromise annexed to Crl.R.C.M.P.No.4257 of 2014. The parties, who are present in the Court, have also affirmed the terms of compromise. A perusal of the affidavit filed in support of the petition goes to show that both the parties agreed and decided to take divorce on mutual consent and that the petitioner/accused had agreed to pay Rs.70,000/- to the complainant/2nd respondent towards permanent alimony and that the complainant had also agreed to withdraw the criminal case filed against the petitioner.
4. In view of the amicable settlement of the dispute between the parties and in view of the nature of the proceedings and the enabling provisions in the Code in regard to the compounding of the offences, Crl.R.C.M.P.No.4257 of 2014 is ordered and the compromise is recorded and Crl.R.C.2333 of 2012 is allowed. Consequently, the judgment in Criminal Appeal No.107 of 2011 is set aside and the petitioner/accused is acquitted of the offence punishable under Section 498-A of the IPC. As a sequel, the judgment in C.C.No.221 of 2008 of the Court of learned Judicial First Class Magistrate, Bhadrachalam of Khammam District is set aside. It is directed that the compromise petition shall form part of the record.
Miscellaneous petitions, if any, filed and pending in this revision shall stand closed.
M. SEETHARAMA MURTI, J 22nd December 2014 RAR