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2025 DAILYLAW 35630 (AP)

BONIGALA DYVA PRAKASH v. THE STATE OF A.P.

CRLRC/122/2014 · 2025-02-14

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO l■A■Nos■1.2 and 3 of 2024 IN/AND CRIMINAL REVISION CASE NO: 122 OF 2014 Between: Bonigala Dyva Prakash, S/o. John, aged about 37 years. Working as Senior Clerk in BSNL, R/o. Machavaram Village, Ponnuru Rural Mandal, Guntur District. ...Appellant / Revision Petitioner AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor High Court of Andhra Pradesh, Amaravathi 2. Bonigala Aruna Sree, W/o Bonigala Dyva Prakash,Aged About 50 years, R/o 20-26-118, Station Road, Chinnaravuru, VTC Tenali, Guntur District. (R2 is impleaded as per the Court Order dated 14.02.2025 in IA.No.01/2025 in Crlrc.no.122/2014) ...Respondents Revision filed under Section 397 & 401 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set aside the judgment dated 27.01.2014 made passed in Crl.A.No.210 of 2013 on the file of the I Additional Sessions Judge, Guntur in confirming the sentence and Judgment in CC.No.110 of 2011 dated 03.05.2013 on the file of the Additional Civil (Junior Division) Judge, Ponnur, Guntur District. lA NO: 1 OF 2025 Between: Bonigala Aruna Sree, W/o Bonigala Dyva Prakash,Aged About 50 years, R/o 20-26-118, Station Road, Chinnaravuru, VTC Tenali, Guntur District. ...Petitioner / Proposed Respondent no.2 AND 1. Bonigala Dyva Prakash, S/o. John, aged about 37 years. Working Senior Clerk in BSNL, R/o. Machavaram Village, Ponnuru Rural Mandal, Guntur District. as ...Respondent / Petitioner / Accused 2. The State of Andhra Pradesh, Represented by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...Respondent / Respondent Petition under Section 528 of B.N.S.S, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the Proposed Respondent No.2 i.e. Bonigala Aruna Sree, W/o Bonigala Dyva Prakash, Aged about 50 R/o 20-26-118, Station Road, Chinnaravuru,VTC Tenali, Guntur District. years. lA NO: 2 OF 2025 Between: Bonigala Dyva Prakash, S/o. John, aged about 37 years, Working as Senior Clerk in BSNL, R/o. Machavaram Village, Ponnuru Rural Mandal, Guntur District. ...Petitioner / Accused AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...Respondent 2. Bonigala Aruna Sree, W/o Bonigala Dyva Prakash,Aged About 50 years, R/o 20-26-118, Station Road, Chinnaravuru, VTC Tenali, Guntur District. ...Respondents / Complainant Petition under Section 359 (6) of BNSS, 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/Accused to compromise the matter with the Respondent No.2/Complainant in the present CRL.RC.N0.122 of 2014 in the interest of justice. lA NO: 3 OF 2025 Between: Bonigala Aruna Sree, W/o Bonigala Dyva Prakash,Aged About 50 years, R/o 20-26-118, Station Road, Chinnaravuru, VTC Tenali, Guntur District. ...Petitioner / Proposed Respondent no.2 AND m 1. Bonigaia Dyva Prakash, S/o. John, aged about 37 years, Working as Senior Clerk in BSNL, R/o. Machavaram Village, Ponnuru Rural Mandal, Guntur District. ...Respondent / Petitioner / Accused 2. The State of Andhra Pradesh, Represented by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...Respondent / Respondent Petition under Section 359 (2) of BNSS, 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 revision by setting aside the judgment dated 27.01.2014 passed in Crl.A.No.210 of 2013 on the file of the I Additional Sessions Judge, Guntur and CC.N0.110 of 2011 on the file of the Additional Civil (Junior Division) Judge,Ponnur,Guntur District. Counsel for the Petitioner :SRI. PRATHIWADAVARUN KUMAR Counsel for the Respondent No.2 : SRI. PETA GANA TEJA Counsel for the Respondent No.1 : PUBLIC PROSECUTOR The Court made the following Common Order: 1 Dr.YLRJ, Crl.R.C.No.l22 of 2014 \U f APHC010571042014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 122/2014 Between: Bonigala Dyva Prakash ...PETITIONER AND The State Of A P ...RESPONDENT Counsel for the Petitioner: 1.PRATHIWADA VARUN KUMAR Counsel for the Respondent: 1.PUBLIC PROSECUTOR (AP) The Court made the following: 2 Dr.YLRJ, Crl.R.C.No.l22 of 2014 HON’BLE DR. JUSTICE Y. LAKSHMANA RAO I.A.Nos.1. 2 and 3 of 2024 ln/& Crl.R.C.No.122 of 2014 COMMON ORDER: I.A.No.OI of 2025: This application was filed to implead the defacto complainant as the 2nd respondent. The Revision is against the concurrent conviction for the alleged offence under Section 498-A of I.P.C. Along with this petition, petitions for compromising and compounding of the offence are filed. The Revisionist and the defacto complainant are present and they are being identified by their learned Counsels. The parties have filed photo copies of their Aadhar cards in support of their identity. They stated that they have settled their dispute before their elders and family members. For the above reasons I.A.No. 01 of 2025 is allowed. The defacto complainant is permitted to be arrayed as the 2"^^ respondent. 2. l■A■No■02 of 2025: 3. I.A.No. 01 of 2025 is allowed permitting the defacto complainant to be brought on record as 2"'^ respondent. The present petition is filed seeking permission to compromise the matter as they have settled their disputes between them before their caste elders and family members and they living separately. The offence under Section 498-A of I.P.C is compoundable are 3 Dr.YLRj, Crl.R.C.No.l22of2014 under Section 320 of the Cr.P.C (Code of Criminal Procedure) subject provisions of the section. The Revisionist was found convicted and sentenced. to the 4. In view of the compromise arrived at in between the parties, this petition is allowed permitting the parties to compromise the matter. I.A.No.OS of 2025: 5. I.A.No. 01 of 2025 filed for arraying the defacto complainant is allowed. In I.A.No.02 of 2025, permission was granted to compromise the matter. In this I.A., permission was sought to compound the offence in terms of the compromise arrived at in between the parties. 6. For the reasons mentioned in the affidavit, this petition is allowed permitting the defacto complainant and the revisionist to offence. compound the 7. As a result, the revisionist is acquitted for the offence under Section 498-A of I.P.C against the Judgment passed in Crl.A.210 of 2013 on the file of I Additional Sessions Judge, Guntur. Accordingly^ Crl.A.No.210 of 2013 on the file of I Additional Sessions Judge, Guntur and on the file of Additional Junior Civil Judge, Ponnur, Guntur District are set aside. The revisionist is acquitted. The terms of the compromise shall be made part of the revision. the Judgment in C.C.No. 110 of 2011 Crl.R.C.No.122 of 2014: 4 Dr.YLRJ, Crl.R.C.No.l22 of 2014 are allowed. For the reasons mentioned in the I.As, the revision is disposed of as compromised in between the parties. No order as to costs. I-A.Nos. 1, 2 and 3 affidavits contacting the above As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR P' //TRUE COPY// SECTION OFFICER To, 1. The 1st Additional Sessions Judge, Guntur, (records if any) 2. The Additional Civil (Junior Division) Judge, Ponnur, Guntur District. 3. One CC to Sri. Prathiwada Varun Kumar, Advocate [OPUC] 4. One CC to Sri. Peta Gana Teja, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 7. Three CD Copies PR vna (enclosing the joint memo) HIGH COURT DATED;14/02/2025 o m APR 2075 % ORDER I.A.Nos.1,2 and 3 of 2024 IN/AND CRIMINAL REVISION CASE NO Oj Current Section .5^ : 122 OF 2014 ALLOWING THE I.A.NOS.1,2 AND 3 OF 2024 AND disposing of the CRLRC HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 3 OF 2025 I.A.NO. in OF 2025 CRL.R.C.No. BETWEEN: Bonigala Dyva Prakash, S/o John, Aged about 37 years, Working as Senior Clerk in BSNL, R/o Machavaram Village. Ponnuru Rural Mandal Guntur District. AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Petitioner/Accused ....Respondejit 2. Bonigala Aruna Sree, W/o Bonigala Dyva Prakash, Aged About 50 years, R/o 20-26-118,Station Road.Chinnaravuru, VTC Tenali,Guntur District. Respo^ent/ Defacto Complainant JOINT MEMO May it please your lordship, 1. We humbly submit that the Accused/Petitioner had filed the present Criminal Revision i.e. CRLRC No. 122 of 2014 against'the dated 27.01.2014 passed in Cri.A.No.210 of 201^n the file of the I Additional Sessions Judge, Guntur which confirmed the judgement CC.No.110 of 2011 on the file of the Additional Junior Civil Judge, Ponnur, Guntur District. We humbly submit that the Petitioner/Accused herein had been convicted by both the lower courts U/Sec. 498-A IPC., and sentence to 2. undergo rigorous imprisonment for Two years and to pay a fine of Rs.2000/- and in default simple imprisonment for Eight months. 3. I submit that the intervention of the well wishers and elders of the both parties settled the matter amicably out of the court. That due to the said reasons, I came forward to compromise with the accused for which I am also executed an Affidavit stating that I am ready to withdraw the above said case. 4. We most respectably submit that in view of above settlement both parties have come forward for settlement by filing the present petition. It is submitted that the matter is settled out of the court, I am ready to withdraw the case against the petitioners considering all the above circumstances this Hon'ble Court may be pleased compromise and allow the revision, otherwise the petitioners and their family members will suffer irreparable loss. 5. Therefore, it is prayed that this Hon’ble Court may be pleased to record the compromise and allow the revision by setting aside the judgment dated 27.01.2014 passed in Cri.A.No.210 of 201^n the file of the I Additional Sessions Judge, Guntur and CC.No.110 of 2011 on the file of the Additional Junior Civil Judge,Ponnur,Guntur District in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Hence, this Joint Memo. AMARAVAT DATE: h ^ Petitioner Counsel for Petitioner. Counsel if Respond^ent Respondent