THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.271 OF 2005 DATED 23rd NOVEMBER, 2010. BETWEEN : A.Venkateswara Rao ..Petitioner and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.271 OF 2003 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by the petitioner- accused challenging the judgment, dated 09.02.2005, rendered in Criminal Appeal No.31 of 2003 by the III Additional Sessions Judge, Kakinada. Heard. Initially, the petitioner-accused was prosecuted in C.C.No.349 of 1999 by the learned III Additional Judicial First Class Magistrate, Kakinada, wherein he was convicted under Section 248 (2) Cr.P.C. for the offence punishable under Section 326 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for three months vide judgment dated 17.01.2003. As against the said conviction, the accused preferred Criminal Appeal No.31 of 2003 wherein the learned Sessions Judge confirmed the conviction passed by the learned Magistrate vide impugned judgment, however, he reduced the sentence of imprisonment from two years to one year. Aggrieved by the same, present revision has been preferred by the petitioner-accused. Today, the matter is taken up for hearing. De facto complainant and petitioner-accused are present. An affidavit duly signed by the complainant is filed before this Court. Relevant portion of the affidavit is hereby extracted: “ 3. I submit that the accused and myself are the relatives and I filed the complaint before the police leading to the C.C.No.349 of 1999 earlier in the year 1998 since then the accused herein have been constantly pursuing the in the process he suffered a lot and also observed repentance in him and I further feel that he is suffering all through this 12 years is more than sufficient to purge the guilt. He also belongs to the same village in view of the village atmosphere daily interaction with each and every person is essential to maintain cordial relation and to lead peaceful life in view of these social compulsions and also in view of the repentance of the accused I am not interested in his serving sentence anymore. I submit that the accused also adequately compensated for the loss that I have sustained due to the injury. Hence, I file this affidavit, for favour of due consideration in disposing the Criminal Revision Case.” When questioned also, the de facto complainant reiterated the contents of the affidavit and stated that himself and accused are relatives to each other, they settled the matter outside the Court, they wanted to live peaceful life and he had no objection to quash the proceedings against the petitioner. Even though the offence alleged against the petitioner-accused is non-compoundable, in view of the fact that the parties have compromised the matter outside the Court and the parties being related to each other shall be allowed to live peaceful life. In view of the guidelines laid down by Hon’ble Supreme Court by exercising inherent powers under Section 482 of the Code of Criminal Procedure the case against the petitioner can be quashed by this Court. Therefore, the Criminal Revision Case is allowed, the conviction and sentence imposed by the trial Court and modified by the Appellate Court are hereby set aside and the petitioner-accused is acquitted of the charge levelled against him. ________________________ JUSTICE RAJA ELANGO Dated : 23.11.2010 sur