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2026 DAILYLAW 25957 (AP)

PATTAN PASHA v. STATE OF AP

CRLRC/1001/2010 · 2026-02-19

Subhendu Samanta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010596832010 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: 1001/2010 Between: 1. PATTAN PASHA, S/OI. RAHAMAN KHAN NIZAMPATNAM VILLAGE AND MANDAL GUNTUR DISTRICT ...PETITIONER AND 1. STATE OF AP, rep.by Public Prosecutor High Court of AP Hyderabad ...RESPONDENT 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 IA NO: 1 OF 2010(CRLRCMP 1451 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 suspend the sentence and release the petitioner on bail pending disposal of the Criminal Revision preferred against the Judgment in Crl.A.No.5/2010 on the file of the XI Addl. Sessions Judge, (FTC) Guntur at Tenali dated 14/05/2010 filed against the Judgment in SC.No.314/2009 on the file of the Asst. Sessions cum Senior Civil Judge, Repalle, Guntur Dist dated 04/01/2010 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 2 may be pleased to implead me as proposed respondent No. 2 in the main Criminal Revision Case No. 1001 of 2010 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 the petitioner and respondent to compromise the Case and consequently to set aside the Conviction and Sentence passed against the revision petitioner/Accused in CrI.A.No. 05 of 2010 on the file of the Court of the XI Additional District and sessions Judge (Fats Track Court) Guntur at Tenali, dated 14.05.2010 there by conformed the Convection and sentence passed in S.C.No.314 of 2009 on the file of the Court of the Assistant Sessions Judge-Cum-Senior Civil Judge, at Repalle, dated 04.01.2010, by recording compromise 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 grant permission to compound the case, consequently to set aside the Conviction and Sentence passed against the revision petitioner/Accused in CrI.A.No. 05 of 2010 on the file of the Court of the XI Additional District and sessions Judge (Fats Track Court) Guntur at Tenali, dated 14.05.2010 there by conformed the Convection and sentence passed in S.C.No.314 of 2009 on the file of the Court of the Assistant Sessions Judge-Cum-Senior Civil Judge, at Repalle, dated 04.01.2010 and pass Counsel for the Petitioner: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent: 1. B RAMESH 2. PUBLIC PROSECUTOR 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: 1001/2010 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. This Criminal Revision Case has been preferred challenging the order of conviction passed by the learned Trial Court in S.C.No.314 of 2009 on the file of the Assistant Sessions-Cum-Senior Civil Judge, Repalle, wherein the person was convicted for the offence punishable under Section 354 of I.P.C. 4. The said Order of conviction was assailed in Crl.A.No.5 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 Revision 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 Narra Bharathi W/o Nagamani Kumar 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, 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 354 of I.P.C is compoundable in nature prior to the amendment. Heard the learned counsel. Perused the provision. 10. Heard the learned counsels for the parties. 11. It appears that the alleged offence punishable under Section 354 IPC was committed prior to the Cr.P.C amendment under the Criminal Law (Amendment) Act, 2013. At that time, the offence committed under Section 354 IPC was compoundable under Section 320 Cr.P.C. In view of the same, to settle the larger interest of peace between the parties, the 2nd respondent is permitted to compound the offence. If the permission as sought for, to compound the offence, was not granted harmony between the society of the parties will be disrupted. 12. 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. 13. Reasons thereby the order of conviction recorded against the present petitioner in S.C.No.314 of 2009 on the file of the Assistant Sessions-Cum- Senior Civil Judge, Repalle and confirmed in Crl.A.No.5 of 2010 on the file of XI Additional District and Sessions Judge (Fast Track Court), Guntur at Tenali for the offence punishable under Section 354 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. 5 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 6 191