APHC010663902010 .4 IN THE HIGH COURT OF ANDHRA PRADEShV^^^SS AT AMARAVATI 9^. Xo WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO lA. No. 2 of 2025 In/and CRIMINAL REVISION CASE NO: 1414 OF 2010 Criminal Revision Case filed under Section 397 & 401 of CrPC, against the Judgment and Sentence passed by the IV Additional Guntur in CrI.Appeal No. 173 of 2010 dated Sessions Judge; at 2-08-2010 by confirming the Judgment of the II AddltionaUunior Civil CONTEMPT CASE. No. 250 of 2008, dated 26-03-2010. Judge at Tenali in CLOSING THE Between: Mr. Thatta Yedukondalu, S/o. Kollipara Mandal, Guntur District Koteswara Rao, aged 28 yrs, A.G.Palem ...PETITIONER/APPELLANT/ACCUSED AND The State, Hyderabad. rep by Public Prosecutor, High Court of Andhra Pradesh ...RESPONDENT/RESPONDENT/COMPLAINANT r t lA NO: 1 OF 2010(CRLRCMP 2060 OF 2010 j / i ■ f petition under Section 397(1) of Cr.PC., praying that in the A circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioner on bail by suspending the convection imposed the IV Addl. Sessions Judge, at Guntur in CrI.Appeal No.173/2010, dt.02.08.2010 by confirming the judgment of the II Addl. Junior Civil Judge, At Tenali in CC.No. 250/2008, dt.26.03.2010 r lA NO: 2 OF 2025 Petition under Section 320(2) of Cr.PC., 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 the compromise and allow this Criminal Revision Case by setting aside the conviction and sentence imposed against the petitioner/accused by Calendar and Judgment of conviction dt. 26.03.2010 in CC No. 250 of 2008 on the file of the court of Principal II Addl. Junior Civil Judge at Tenali as was confirmed by the Judgment dt. 02.08.2010 passed in CrI.A No. 173 of 2010 on the file of the court of the IV Additional Sessions Judge, Guntur and acquit the accused. : SRI SIVA SANKARA RAO BORRA Counsel for the Petitioner Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER : ' 1 4 APHC010663902010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Ht.fB sfe [3369] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A.No.2 of 2025 In/and CRIMINAL REVISION CASE NO: 1414/2010 Between: S/0. KOTESWARA RAO, • 1.MR. THATTA YEDUKONDALU A.G.PALEM, KOLLIPARA MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF A P REP BY PP, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. ...RESPONDENT 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 to call for the records from the lower courts and allow the revision petition by setting aside the judgment and sentence passed by the learned IV Addl. Sessions Judge, at Guntur in . CrI.Appeal No.173/2010, dt.02.08.2010 by confirming the judgment of the II Addl. Junior Civil Judge, At Tenali in C.C.No.250/2008, dt.26.03.2010 lA NO: 1 OF 2010(CRLRCMP 2060 OF 2010 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 2 enlarge the petitioner on bail by suspending the learned IV Addl. Sessions Judge, at Guntur dt.02.08.2010 by confirming the judgment of the II Addl. Tenali in C.C.No.250/2008, dt.26.03.2010 lA NO: 1 OF 2025 convection imposed the in CrI.Appeal No.173/2010, Junior Civil Judge, At 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 permit the petitioner and 2 respondent to compromise the matter and consequently allow the present Criminal Revision Case by setting aside conviction and sentence recorded the conviction and the sentence imposed against the petitioner/accused by Calendar and Judgment dt.26.03.2010 in C.C No.250 of 2008 on the file of the court of Learned Principal II Addl. Junior Civil Judge at Tenali as was confirmed by the Judgment dt.02.08.2010 passed in Crl.A.No.173 of 2010 on the file of the court of Learned IV Additional Sessions Judge, Guntur and acquit the accused and pass lA 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 to record the compromise and allow this Criminal Revision Case by setting aside the conviction and sentence imposed against the petitioner/accused Calendar and Judgment of conviction dt.26.03.2010 in C.C No.250 of 2008 on the file of the court of Learned Principal II Addl. Junior Civil Judge at by Tenali was confirmed by the Judgment dt.02.08.2010 passed in Crl.A.No.173 of 2010 on the file of the court of Learned IV Additional Sessions and acquit the accused and pass as Judge, Guntur Counsel for the Petitioner: 1.SIVA SANKARA RAO BORRA Counsel for the Respondent: 3 1.PUBLIC PROSECUTOR The Court made the following COMMON ORDER. been filed by the Petitioner / Complainant, who is I.A.No.2 of 2025 has the 2’^'" respondent in the Criminal Revision, seeking disposal of the present of the terms and conditions of the compromise. The 1 1. Revision Case in light Respondent is the Petitioner/A. 1 in the present Revision Case. The prosecution’s case is that the de facto complainant, Thatha Kumari, the wife of A1. A.2 and A.3 are the parents of A.1; ever since the marriage, complainant has been subjected to constant physical assault and 26.01.2008, while she was , beat her indiscriminately, picked up a back. The other accused also reportedly joined 2. IS the de facto harassment by the accused family members; on sleeping, A1 allegedly came to home in stick, and struck her on the the assault. As a result, she sustained severe injuries and was admitted to the of her father. When the police arrived, she gave a hospital with the assistance statement, which was i registered a case in Cr.No.6 498A of IPC and filed charge sheet. recorded as per Ex.P1. Based on the same, the police of 2008 for the offence under sections 324 and record, the learned II the Trial 3. After considering the material and evidence on Civil Judge, Tenali (hereinafter referred to as C.C.No.250 of 2008, convicted A.1 Additional Junior Court"), by Judgment dated 26.03.2010 in and A.2 for the offence punishable under Sections 324 r/w 34 of the IPC; A.1 was sentenced to undergo simple imprisonment for a period of six (06) a fine of Rs.lOO/-; in default of payment of fine, he was a further period of one month; months and to pay directed to undergo simple imprisonment for A.2 was sentenced to pay a undergo simple imprisonment for a period of two months. fine of Rs.500/-, and in default of payment, to 4 4. Aggrieved by the Judgment, dated 26.03.2010 in C.C.No.250 of 2008 passed by the Trial Court, the Appellant/A. 1 filed Crl.A.No.173 of 2010 on the file of learned Special Sessions Judge - cum - IV Additional Sessions Judge, Guntur (for short. First Appellate Court”) challenging the Judgment of conviction passed by the Trial Court. By judgment dated 02.08.2010, the learned First Appellate Court held that the conviction under section 324 of IPC could not be sustained without establishing the weapon used, and instead • convicted A.1 under section 323 of IPC, reducing the sentence from six months to two months’ simple imprisonment, thereby dismissed the appeal except the modification of sentence imposed upon the Appellant/A. 1 by the Trial Court. Pursuant to the impugned judgment, the Petitioner/A. 1 preferred the present Revision. I have heard both sides and perused the material on record, taken up for hearing, the petitioner/accused and 1®* respondent / victim, appeared in person before this Court. Petitioner and the 1®* respondent were identified by their respective counsel. The terms and conditions of the compromise, as set forth in the affidavit, were read out to the parties, who acknowledged the same to be true . and correct. 5. 6. Today, when the matter was 7. As evident from the judgment in Crl.A.No.173 of 2010, A.1 was found guilty of the offence punishable under section 323 of IPC and was sentenced to undergo simple imprisonment for a period of two (02) months for causing injuries to PW.1, the victim, who is stated to have sustained injuries in the hands of A.1, her husband. When ascertained, the defacto complainant (PW.1) submitted that she had amicably settled the matter with the A.1 and expressed no objection to the recording of the compromise and to the allowing of this Criminal Revision Case. Since the offence under section 323 of IPC is compoundable in nature, this Court is inclined to record the compromise and accordingly acquit the accused. Consequently, the conviction and sentence 5 ^ imposed on A.1 by the Appellate Court under Section 323 of tPC hereby set aside. are Upon being satisfied with the terms and conditions of the compromise, and in view of the amicable settlement between the parties, I.A.No.2 of 2025 is allowed. Consequently, the Criminal Revision Case is disposed of by setting aside the judgment dated 02.08.2010 in Crl.A.No.173 of 2010 on the file of IV Additional Sessions Judge, Guntur, which had confirmed the conviction passed by the II Additional Junior Civil Judge, Tenali, dated 26.03.2010 in C.C.No.250 of 2008. Accordingly, the Petitioner/A. 1 is acquitted under section 320(8) of Cr.P.C., of the offence punishable under Section 323 of IPC. The bail bonds of accused shall stand discharged. 8. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. SD/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The JI Additional Junior Civil Judge, at Tenali, Guntur District 2. The IV Additional Sessions Judge, at Guntur, Guntur District 3. The Superintendent of Police, Guntur (Rural), Guntur District 4. The Superintendent of Police, Guntur (Urban), Guntur District 5. The Superintendent, District Jail, Guntur, Guntur District 6. The Station House officer, Kollipara Police Station, Guntur District 7. One CC to Sri Siva Sankara Rao Borra, Advocate (OPUC) 8. Two CC to Public Prosecutor, High Court of A.P., at Amaravati (OUT) 9. The Section Officer, Criminal Section, High Court of Andhra Amaravathi Pradesh at 10. Two CD Copies Skm TAC (* Along with Joint Compromise memo to the Addressees) HIGH COURT DATED:13/08/2025 ORDER lA. NO. 2 OF 2025 IN/AND CRLRC NO. 1414 OF 2010 ^ 0 8 SEP 2025 jg ^^SsCumntSecOjiiX*^ IA.2 OF 2025 IS COMPROMISED AND CRL.RC. 1414 OF 2010 IS DISPOSED OF HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CrI.Rc. No. 1414 Of 2010 Between: Mr.Thatta Yedukondalu, S/o. Koteswara Rao Aged 43 years. R/o. A.G.Palem, Kollipara Mandal, Guntur District. Petitioner/ Appellant/ Accused And 1. State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh at Amaravati. 2. Thatta Kumari, W/o. Thatta Yedukondalu, D/o. Badugu Katama Raju, Aged 36 years, R/o. D.No.3-16. Vallurupalem Village. Thotavaluuru Mandal, Krishna District. Respondent Respondent/ Defacto Complainant. JOINT MEMO FILED BY BOTH PARTIES We both the parties compromised the matter amicably as per the advise of the elders and well wishers before this Hon’ble Court and the 2 and decided to file this joint memo nd Itespondent has no objection to record the compromise and allow this Criminal Revision Case by setting aside the conviction and sentence imposed against the petitioner/accused by Calendar and Judgment of conviction dt. 26.03.2010 in CC No. 250 of 2008 on the file of the court of Learned Principal II Addl. Junior Civil Judgeat Tenali confimled by the Judgment dt. 02.08 as was 10 passed in CrI.A No. 173 of 2010 on the file of the court of Learned IV Additional Sessions Judge, Guntur and acquit the accused in the interest of justice. /i ; Therefore, undersigned humbly prays to take the memo in record, consequently appreciate the criminal revision by granting prayer made therein, in the interest of justice and equity. We both signed in this memo with our free will and consent and there is no any coercion or force against us. Hence this memo is filed. d- Advocate for Petitioner Advocate for 2 respondent ■X' Petitioner 2""' Respondent