APHC010286732008 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A.No CRIMINAL REVISION CASE NO: Between: 1. JONNA NAGARAJU,, S/O RAMAIAH, R/O GALIOVARIPALEM, H/O BELLAMVARIPALEM, NAGARAM MANDAL, 1. THE STATE OF AP REP BY ITS PP HYD, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF NAGARAM PS., GUNTUR DISTRICT. 2. MUKKU MURALI, S/O. NAGESWARA RAO, AGED ABOUT 54 YEARS, OCC.CULTIVATION, R/O. GALIVARIPALEM VILLAGE, H/O. BELLAMVARIPALEM, NAGARAM MANDAL, BAPATLA DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PE DATED 30.07.2025 IN I.A.NO.1 OF 2025 IN CRL.R.C.NO.1487 OF 2008 Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased toto allow the Crl.R.C., by setting aside the Judgment passed in Crl.A.No. 296 of 2007, dt. 18 the I Addl. Sessions Judge, Guntur and consequently acquit the accused; ii) and to grant other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A.Nos.2, 3 & 4 of 2025 IN/AND CRIMINAL REVISION CASE NO: 1487 OF 2008 JONNA NAGARAJU,, S/O RAMAIAH, R/O GALIOVARIPALEM, H/O BELLAMVARIPALEM, NAGARAM MANDAL, ...PETITIONER AND THE STATE OF AP REP BY ITS PP HYD, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT HYDERABAD, THROUGH NAGARAM PS., GUNTUR DISTRICT. MUKKU MURALI, S/O. NAGESWARA RAO, AGED ABOUT 54 YEARS, OCC.CULTIVATION, R/O. GALIVARIPALEM VILLAGE, H/O. BELLAMVARIPALEM, NAGARAM MANDAL, BAPATLA DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT'S ORDER DATED 30.07.2025 IN I.A.NO.1 OF 2025 IN CRL.R.C.NO.1487 OF ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased toto allow the Crl.R.C., by setting aside the Judgment passed in Crl.A.No. 296 of 2007, dt. 18-09-2008 on the file of the I Addl. Sessions Judge, Guntur and consequently acquit the accused; ii) or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO JONNA NAGARAJU,, S/O RAMAIAH, R/O GALIOVARIPALEM, H/O ...PETITIONER THE STATE OF AP REP BY ITS PP HYD, REP BY ITS PUBLIC A.P., AT HYDERABAD, THROUGH MUKKU MURALI, S/O. NAGESWARA RAO, AGED ABOUT 54 YEARS, OCC.CULTIVATION, R/O. GALIVARIPALEM VILLAGE, H/O. BELLAMVARIPALEM, NAGARAM MANDAL, BAPATLA DISTRICT. R THE COURT'S ORDER DATED 30.07.2025 IN I.A.NO.1 OF 2025 IN CRL.R.C.NO.1487 OF ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased toto allow the Crl.R.C., by setting aside 2008 on the file of the I Addl. Sessions Judge, Guntur and consequently acquit the accused; ii) or reliefs as this Hon'ble Court deems fit and proper in 2 IA NO: 1 OF 2008(CRLRCMP 2030 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioner herein on bail by suspending the sentence imposed in Crl.A.No. 296 of 2007, dt. 18-09-2007 on the file of the I Addl. Sessions Judge, Guntur, modifying the sentence imposed in SC.No. 204 of 2007, dt. 11-09-2007 on the file of the Addl. Asst. Sessions Judge, Tenali, pending disposal of the Crl.R.C., IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Implead the Petitioner herein as 2nd Respondent in CrI.R.C No. 1487 of 2008 pending before this Hon’ble Court and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Permit the Petitioner / 2nd Respondent to compromise the case with the 1st Respondent / Petitioner in CrI.R.C No. 1487 of 2008 pending disposal of Criminal Revision Case and pass IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to record compromise and acquitted the 1st Respondent / Petitioner by set aside the Judgement passed in Crl.A No. 296 of 2007 dated 18.09.2008 on the file of the I Additional Sessions Judge, Guntur wherein confirming the Judgement passed in S.C No. 204 of 2007 dated 11.09.2007 on the file of the Court of the Additional Assistance Sessions Judge, Tenali, Guntur District and pass IA NO: 4 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Permit the Petitioner / Proposed 2nd Respondent herein to compound the offence u/s. 324 I PC with the 1st Respondent / Petitioner in the Judgement passed in CrI.A No. 296 of 2007 dated 18.09.2008 on the file of the I Additional Sessions Judge, Guntur wherein confirmed the Judgment 3 passed in S.C No. 204 of 2007 dated 11.09.2007 on the file of the Court of the Additional Assistance Sessions Judge, Tenali, Guntur District and pass Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent(S): 1. SARALA NEELAGIRI 2. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: 1. I.A.Nos.2, 3 and 4 of 2025 have been filed by the Petitioner/Complainant, who is the 2nd Respondent in the Criminal Revision, seeking disposal of the present Revision Case in light of the terms and conditions of the compromise. 2. The case of the prosecution is that the Accused, who is the revision petitioner herein, on 15.02.2007 hiding in the bushes came upon the Complainant/P.W.1, armed with an axe dealt blows on the right and left side of his back with an intent to kill him and as a result he sustained bleeding injuries. When the complainant cried, three persons rushed to him and found him with injuries and on noticing them the accused fled away from the spot. Basing on the report of P.W.1, a case has been registered in Crime No.11 of 2007 for the offence under Section 307 of IPC. 3. After considering the material as well as evidence on record, the learned Additional Assistants Sessions Judge, Tenali [for short, “the Trial Court”] vide Judgment dated 11.09.2007 in S.C.No.204 of 2007, convicted and sentenced the accused to undergo rigorous imprisonment for a period of one (01) year for the offence under Section 324 of IPC. 4. Aggrieved by the Judgment, dated 11.09.2007 in S.C.No.204 of 2007 passed by the Trial Court, the Appellant/Accused preferred an Appeal in Crl.A.No.296 of 2007 on the file of learned I Additional Sessions Judge, Guntur (for short, “First Appellate Court”) challenging the correctness of the 4 Judgment passed by the Trial Court. By judgment dated 18.09.2008, the learned First Appellate Court partly allowed the appeal, thereby confirming the conviction but the sentence imposed upon the Appellant/Accused by the Trial Court is modified ordering the accused to undergo Rigorous Imprisonment for a period of three months instead of one year for the offence under Section 324 of IPC. Pursuant to the impugned judgment, the Petitioner/Accused preferred the present Revision. 5. I have heard both sides and perused the material on record. 6. Today, when the matter was taken up for hearing, the petitioner/accused and the 2nd respondent/complainant appeared in person before this Court and the 2nd Respondent was identified by Sri G.Venkateswara Reddy-2761, Assistant Sub-Inspector of Police, Nagaram I Police Station. The terms and conditions of the compromise, as set forth in the affidavit, were read over to the parties, who admitted the same to be true and correct. 7. Learned counsel for the Petitioner places reliance on the judgment of the Madras High Court in A. Shankar vs. The Inspector of Police, Sulur Police Station, dated 20.11.2019, in para 21, it is stated that: “21. xxx Prior to the amendment to Sec.320 Cr.P.C under the Code of Criminal Procedure (Amendment) Act, 2005, the offence under Section 324 IPC was compoundable by the person to whom hurt is caused with the permission of the Court, in terms of Sec.320(8) Cr.P.C. The occurrence had happened on 08.10.2008. The Code of Criminal Procedure (Amendment) Act, 2005 came into force/effect from 31.12.2009. On the date of occurrence i.e. on 08.10.2008, the offence under Section 324 IPC was compoundable with the permission of the court as per the decisions referred supra.” In support of his contention, the offence in question occurred on 15.02.2007, while the Code of Criminal Procedure (Amendment) Act, 2005 came into effect on 31.12.2009, thereby rendering the offence under Section 324 of the IPC non-compoundable. 5 8. Learned counsel for the petitioner submits that the offence under Section 324 of IPC is compoundable considering the date of offence i.e. on 15.02.2007. 9. Pursuant to the compromise recorded in I.A.No.3 of 2025, it is stated that both parties have resolved their differences by entered into a Joint Memorandum of compromise dated 19.07.2025. Accordingly, there is no necessity to prosecute the Accused, and the Complainant has no objection to close the case against the Accused. 10. Upon being satisfied with the terms and conditions of the compromise, and in view of the amicable settlement between the parties, I.A.Nos.2, 3 and 4 of 2025 are allowed. Consequently, the Criminal Revision Case is disposed of by setting aside the judgment dated 18.09.2008 in Crl.A.No.296 of 2007 on the file of I Additional Sessions Judge, Guntur, which had confirmed the judgment and sentence passed by the Additional Assistant Sessions Judge, Tenali, dated 11.09.2007 in S.C.No.204 of 2007. Accordingly, the Petitioner/Accused is acquitted for the offence punishable under Section 324 of IPC. Consequently, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 01.8.2025 TJN 6 66 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A.Nos.2,3 and 4 of 2025 IN/AND CRIMINAL REVISION CASE NO: 1487 OF 2008 Dated: 01.8.2025 TJN