THE HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.M.P.No.2312 of 2011 AND CRIMINAL REVISION CASE No.1502 of 2004 ORDER: This Criminal Revision Case is filed by the petitioners/A-1 & A- 2 against judgment, dated 25.08.2004, passed by the XI Additional District & Sessions Judge (FTC), Guntur, in Criminal Appeal No.33 of 2002, whereby and whereunder conviction and sentence passed in C.C.No.277 of 1998 dated 11.01.2002 by the Additional Munsif Magistrate, Sattenapalli, against A-1 and A-2, for the offence under Section 324 IPC alone was confirmed. The trial Court convicted A-1 and A-2 in this case under Section 248(2) Cr.P.C., for the offences punishable under Sections 324 and 324 read with 34 IPC, and sentenced to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs.500/- each and in default of paying the fine to suffer SI for a period of one month each for the offence punishable under section 324 IPC and further sentenced to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs.500/- and in default of paying the fine amount to suffer Simple Imprisonment for one month each for the offence punishable under Section 324 read with Section 34 IPC, whereas A-1 and A-2 preferred the Criminal Appeal No.33 of 2002 on the file of the XI Additional District & Sessions Judge (FTC), Guntur, wherein while confirming the conviction and sentence passed against A1 and A2 for the offence under Section 324 IPC, the conviction and sentence passed for the offence under Section 324 read with Section 34 IPC was set aside and as against the said conviction, A-1 and A-2 preferred the present criminal revision case. The defacto-complainant filed Crl.M.P.No.2312 of 2011 before this Court seeking permission for compounding the offence punishable under Section 324 IPC and to acquit A-1 and A-2 in this case by setting aside the conviction and sentence passed against them by the learned Additional Munsif Magistrate, Sattenapalli, in CC.No.277 of 1998 dated 11.01.2002, and confirmed by the learned XI Additional District & Sessions Judge (FTC), Guntur, in the Criminal Appeal No.33 of 2002, dated 25.08.2004. Heard both sides. Today, when the matter is taken up for hearing, the de facto complainant and the accused are present and they are identified by the prosecution and the defence counsel. The De facto Complainant has filed her household card bearing No.WAP071601400401 in proof of her identity and also her affidavit filed before this Court. The relevant portion of the affidavit is hereby extracted: “….I further humbly submit that myself and as well as the respondents 1 & 2 are related and as such at the instance of elders and well wishers in the village both of us arrived at a settlement by compromising the case so as to lead peaceful life by maintaining peace and tranquility in the village without any hatratedness towards anybody and as such voluntarily decided to compromise the case for the betterment of all of us.” When questioned, the de facto complainant has also stated that the matter is settled out of court between herself and the accused so as to lead peaceful life and also expressed no objection to acquit the accused. As the defacto-complainant has herself reported that the matter is settled and in view of the provision under Section 320 (1) Cr.P.C., Crl.M.P.No.2312 of 2011 filed for compounding the offence, is allowed, and consequently, the Criminal Revision Case is allowed and the conviction and sentence imposed by the trial Court and confirmed by the Appellate Court are hereby set aside and A-1 and A-2 are acquitted of the charge under Section 324 IPC. ________________________ G.KRISHNA MOHAN REDDY, J. 29.07.2011 v v