IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE I PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.786 of 2017 Appeal under Section 374(2) of Cr.P.C, against the judgment and sentence passed by the IV Additional District & Sessions Judge, Eluru in Criminal Appeal No.179 of 2016, dated 21.07.2017 partly allowing the appeal by setting aside the judgment dated 16.06.2015 in CC No.760/2010 on the file of the II Additional Judicial First Class Magistrate's Court, Tanuku, West Godavari District. Between: Maddala Venkata Pullarao @ Pullarao, S/o. Ranga Rao, aged about 41 years, Occ: Employee in Horlicks Factory, R/o. D.No.79-21-5, G-3, Raja Apartments, Syamala Nagar, Rajamahendravaram, East Godavari District. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati. 2. Maddala Udyalakshmi, W/o. Venkatapullarao, aged about 36 years C/o. Goona Ramaswamy, Varihedu Village, Attili Mandalam, West Godavari District. ...Respondents/Complainant lA No: 1 OF 2024 Between: Maddala Udyalakshmi, W/o. Venkatapullarao, C/o. Goona Ramaswamy, Varihedu Village, Attili Mandalam, West Godavari District. ...Appellant/Respondent No.2 AND 1. Maddala Venkata Pullarao @ Pullarao, S/o. Ranga Rao, Occ; Employee in Horlicks Factory, R/o. D.No.79-21-5, G-3, Raja Apartments, Syamala Nagar, Rajamahendravaram, East Godavari District. ...Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati. ...Respondent/Respondent Petition under Section 320(2) of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromise and allow the instant Criminal Appeal filed by the Appellant against the judgment of the IV Additional District and Sessions Judge, Eluru dated 21.07.2017. lA No: 2 OF 2024 Between: Maddala Udyalakshmi, W/o. Venkatapullarao, C/o. Goona Ramaswamy, Varihedu Village, Attili Mandalam, West Godavari District. ...Appellant/Respondent No.2 AND 1. Maddala Venkata Pullarao @ Pullarao, S/o. Ranga Rao, Occ; Employee in Horlicks Factory, R/o. D.No.79-21-5, G-3, Raja Apartments, Syamala Nagar, Rajamahendravaram, East Godavari District. ...Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court atAmaravati. ...Respondent/Respondent Petition under Section 320(6) of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner/Respondent No.2 to file the compromise Petition in the instant Criminal Appeal filed by the Appellant against the judgment of the IV Additional District and Sessions Judge, Eluru dated 21.07.2017. Counsel for the Appellant : SRI VENKAT CHALLA Counsel for Respondent No.1: SMT K.PRIYANKA LAKSHMI, ASST.PUBLIC PROSECUTOR Counsel for Respondent No.2: SRI T RAMJI VARMA The Court made the following: APHC010445422017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 786 OF 2017 Between: Maddala Venkata Pulla Rao @ Pullarao ...APELLANT AND The State of A.P, Rep., by its Public Prosecutor, High Court of A.P and Another. Counsel for the Apellant: 1.VENKATCHALLA Counsel for the Respondent{S): 1. PUBLIC PROSECUTOR (AP) 2.TAMADA RAMJI VARMA The Court made the following: JUDGMENT:- ...RESPODENT(S) V The instant Criminal Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the Appellant seeking to set aside the Judgment passed by the learned IV Additional District and Sessions Judge, Eluru in Criminal Appeal No. 179 of 2016, dated 21.07.2017. 2. Heard Sri Venkat Challa, learned counsel for the petitioner; Smt. K.Priyanaka Lakshmi, leaned Assistant Public Prosecutor for the respondent No.1/ State and Sri T. Ramji Varma, learned counsel for the respondent No2. 3.Both parties and their respective counsels are present and submitted that the matter is settled between the parties, by way of compromise. Learned counsel for the appellant would submit since the matter is settled between the parties and filed petitions in I.A.No.1 of 2024 and I.A.No.2 of 2024 to record the terms of compromise in the matter. 4. Since both parties reported no objection to allow the Criminal Appeal in view of amicable settlement between the parties, this Criminal Appeal is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- S.V.S.R. MURTHY JOINT REGlsfRAR //TRUE COPY// SEC OFFICER 1. The IV Additional District & Sessions Judge, Tanuku, West Godavari District.(with records) 2. The II Additional Judicial First Class Magistrate Court Tanuku West Godavari District. 3. The Superintendent, Sub-Jail, Eluru, West Godavari District. 4. The Station House Officer, Attili Police Station, West Godavari District. 5. One CC to Sri Venkat Challa, Advocate [OPUC] 6. One CC to Sri T.Ramji Varma, Advocate [OPUC] 7. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 8. Three CD Copies *(aIong with the Joint Compromise Memo in LA.No.l of 2024 in CRLA No.786 of 2017) To TK HIGH COURT TK DATED:12/02/2025 JUDGMENT CRLA.No.786 of 2017 W 0 7 APR 2C25 ^ Current Section ALLOWING THE CRIMINAL APPEAL IN THE HON’BLE HIGH COURT OF JUDICATURE f ANDHRA PRADESH AT AMARAVATI FOR THE STATE OF f I.A.NO. OF 2024 IN CRLA.NO. 786 OF 2017 Between; Maddala Venkata Pulla Rao Pullarao EG Dt S/o Ranga Rao Occ Employee in Horlicks Factory R/o D No 79215 G3 Raja Apartments Syamala Nagar Rajamahendravaram > East Godavari District. ...Appellant AND 1. THE STATE OF ANDRA PRADESH REP PPANDANR Rep by its Public Prosecutor High Court At Hyderabad. 2. Maddala Udyalakshmi W/o Venkatapullarao C/o Goona Ramaswamy Varighedu vAttlli Mandalam West Godavari District. ...Respondents JOINT MEMO FILED BY THR APPELLANT AND THF RFSPniuncMT The above-named Appeal is preferred against the judgement and sentence passed by the IV AddI District and Sessions Judge, Eluru in Criminal Appeal No. 179 of 2016 dated 21.07.2017 partly allowing the appeal by setting aside the Judgement dated 16.06.2015 in C.C.No. 760 of 2010 Judicial I Class Magistrate’s Court, Tanuku. N0.2 1. on the file of II AddI 2. That the Respondent No.1 was arraigned for the offence punishable unde^;^ Section 498-A r/w Section 34 of IPC. Tersely put, the Accused is the legally wedded husband of the Respondent No.2 and their marriage was performed on 17.12.2004 according to the Hindu rites and customs. The Accused got issued a notice on 26.03.2010 seeking divorce to the Respondent and the Respondent also registered a Cr. No. 64 of 2010 under Section 498-A of IPC against the Accused. 3. The said Crime No. 64 of 2010 was tried as C.C.No. 760 of 2010 on the file of II AddI Judicial Magistrate, 1®* Class, Tanuku which ultimately resulted in an acquittal in the Accused’s favor. Aggrieved by the same, the Respondent has preferred an appeal bearing CRLA. No. 179 of 2016 on the file of Sessions Judge, Eluru which resulted in the Accused’s conviction. Against the same, the Accused preferred a Criminal Appeal No. 786 of 2017 before this Hon’ble Court and the same is pending. 4. On the other hand, the Accused herein had preferred a CMA No. 1017 of 2013 against the decree and order in O.P.No. 124 of 2010 whereby petition filed seeking divorce was rejected. 5. While the matter stood as above, the elders interested who are interested in the welfare of the parties, intervened and after a due and lengthy deliberations, they came to a conclusion that the marriage is irretrievably broken and there is absolutely no possibility of living together. Ultimately, it was decided that it is in the interest of the both parties to seek dissolution of marriage by way of mutual consent by making necessary applications before this Hon’ble court and the both the parties have entered into a mutual understanding. 6. As per the terms of understanding, the Respondent would agree for divorce and the also the get the conviction and order of sentence against the Accused set aside and in lieu of all the claims of maintenance for the Respondent and j^er the daughter, the Accused and final settlement of all claims towards their past, present and future agrees pay an amount of Rs. 15,00,000 as full of the Respondents and the daughter -i maintenance and alimony including the marriage and other expenses for the daughter namely Nikitha. 7. Furthermore, in view of the same, the Accused had paid 5,00,000 vide a DD No. 919422 which an amount of Rs. was revalidated on 22.07.2024 and the same was received by the daughter towards her permanent alimony and both agreed not to make any claims - same was recorded in the the Respondent and the daughter have against the Accused or his family members. The proceedings before II AddI Judicial 1 2011 and accordingly, the compromise was allowed. Class Magistrate in M.C.No. 102 of 8. As per the said understanding, the Accused Rs. 10,00,000 to the Respondent allowed and the judgement and the order shall pay the rest of amount of on the day when the Criminal Appeal is of the sentence rendered against the Accused is set aside by this Court in Criminai Appeai No. 786 of 2017. 9. in conciusion, the Petitioner and the Respondents have marriage by recording the compromise and record the arrived in between the parties for future agreed to dissolve the terms and conditions prospects. 10. It is therefore prayed that this Hon'bte Court may be pleased to permit the Appellant/Accused and the Respondent No.2 herein to compound the offence with the Respondents and by allowing the instant Criminai Appeai fiied by the Appettant against the judgement of fhe IV AddI District and Sessions Judge Eluru dated 21.07.2017 and pass such other order or orders as this Hon’bie Court may deem fit and proper in the circumstances of the case. AMARAVATI DATE: 04.12.2024 / b f H' pJi APPELLANT afci*s> COUNSEL FOR THE PETITIONER WOXyt^^ kilaiJu RESPONDENT N0.2' COUNSELFOR THE RESPONDENT N0.2