Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 18032 (AP)

KOLLAM CHINA VENKATA RAMANA v. THE STATE OF A.P.

CRLRC/260/2013 · 2026-02-19

Subhendu Samanta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010099672013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 260/2013 Between: 1. KOLLAM CHINA VENKATA RAMANA, S/O PEDDA VENKATESULU, VADISELERU VILLAGE, RANGAMPET MANDAL, E.G.DIST. ...PETITIONER AND 1. THE STATE OF A P, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD. 2. CHINTAPALLI PADMA MERI, W/O GOTTALA YESU FEMALE, AGE 35 YEARS, HOUSE-WIFE, VADISELERU VILLAGE, RAMGAMPETA MANDAL, EAST GODAVARI DIST PRESENTL.Y KAPAVARAM VILLAGE, KORUKONDA MANDAL, EG DIST. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT'S ORDER DATED 05.02.2026 IN I.A.NO.1 OF 2026 IN CRL.R.C.NO.260 OF 2013. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto present this memorandum of Crl.R.C., to this Hon'ble Court against the orders passed in Crl.A.No.352 of 2010 on the file of the Court of the VII Addl. Sessions Judge, Kakinada, dated 06.02.2013 confirming the judgment in C.C.No.224 of 2007 on the file of the Court of the Addl. Judl. First Class Magistrate, Peddapuram, E.G.Dist., dated 11.10.2010. 2 IA NO: 1 OF 2013(CRLRCMP 391 OF 2013 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 suspend the orders passed in Crl.A.No.352 of 2010 on the file of the Court of the Hon'ble VII Addl. Sessions Judge, Kakinada, dated 06.02.2013 confirming the judgment in C.C.No.224 of 2007 on the file of the Court of the Addl. Judl. First Class Magistrate, Peddapuram, E.G.Dist., dated 11.10.2010, and release the petitioner on bail, pending disposal of the Crl.R.C. IA NO: 1 OF 2026 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 herein to implead the proposed 2nd respondent as 2nd respondent in the above CrI.R.C. and pass IA NO: 2 OF 2026 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 Petitioner/Complainant to compound the offences U/s 417, 493 IPC (Now 318(2), 81 BNS, 2023) in the above Criminal RC No: 260 of 2013 and acquit the Petitioner /Accused herein and pass IA NO: 3 OF 2026 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 the compromise and Acquit the Petitioner/Accused for the offences U/s 417, 493 IPC (Now 318(2), 81 BNS, 2023) in the above Criminal RC No: 260 of 2013 and pass Counsel for the Petitioner: 1. DASAKA MURALI KRISHNA Counsel for the Respondent(S): 1. - 2. PUBLIC PROSECUTOR (AP) 3. RAMA MURTY P V S A The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.No.2 of 2026 and I.A.No.3 of 2026 In/And CRIMINAL REVISION CASE NO: 260/2013 COMMON ORDER: 1. I.A.No.02 of 2026 is filed for permitting the petitioner/Respondent No.2 to compound the offence. 2. I.A.No.03 of 2026 is filed for recording the compromise between the petitioner/accused and respondent No.2/Defacto-complainant. 3. The Criminal Revision Case has been preferred challenging the order of conviction passed by the learned Trial Court in C.C.No.224 of 2007 wherein the person was convicted for the offence punishable under Section 417 of I.P.C. 4. The said Order of conviction was assailed in Crl.A.No.35 of 2010 before the learned Appellate Court, which was dismissed and order of conviction was confirmed. Hence, the Criminal Revision Case. 5. During the course of instant Criminal Revisions case, the parties have settled the dispute between themselves. Accordingly, the instant applications being I.A.Nos.02 & 3 of 2026 have been placed on record. 6. Perused the application and accompanied affidavit by the defacto- complainant, the claimant Chinthapalli Padma @ Meri W/o Gottala Yesu appeared before this Court. On enquiry, she categorically submits that the dispute between the petitioner/accused and herself was settled outside of the Court, Accordingly, they filed compromise petition. She further submits that she entered into the memorandum of compromise without any coercion or influence. 7. She again submits that she has no objection against the present petitioner, if he enlarged or acquitted 4 8. Perused the affidavit shown by the respondent No.2/Defacto-complaiant which was duly attested by the learned counsel appearing. The memorandum of compromise also duly attested by the parties and identified by the learned respective counsels. 9. Learned Assistant Public prosecutor has submits that the offence punishable under Section 417 of I.P.C is compoundable in nature. Heard the learned counsel. Perused the provision. 10. It appears that according to section 320 Cr.P.C (corresponding Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the offence under Section 417 of I.P.C is compoundable in nature. Considering the affidavit as well as compromise affected between the parties, it appears that compromise as well as affidavit made by the respondent No.2 is true and bonafide. Accordingly, there is no legal impediment to accept the memorandum terms and conditions narrated between the parties. Accordingly, the applications in I.A.Nos.2 & 3 of 2026 are considered and allowed. 11. Reasons thereby the order of conviction recorded against the present petitioner in C.C.No.224 of 2007 and confirmed in Crl.A.No.352 of 2010 for the offence punishable under Section 417 of I.P.C is hereby compounded on the behest of the defacto-complainant/ respondent No.2. Accordingly, the present petitioner is hereby acquitted from this case. 12. Under the above observations, the Criminal Revision Case is disposed of. Consequently, pending miscellaneous applications, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dated:20.02.2026. SSA 5 6 179 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.No.2 of 2026 and I.A.No.4 of 2026 And CRIMINAL REVISION CASE NO: 260/2013 Dated:20.02.2026 SSA