KONDRI SUNDARARAO v. THE STATE OF AP

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 the Crl.RC against the Judgment in Crl.A No.82/2012, dt 02.08.2012 on the file of the Principal Sessions Judge, W.G.District at Eluru in confirming the Judgment dt 01.03.2012 in CC No.433/2008 on the file of the I Addl.JFCM., Tadepalligudem IA NO: 1 OF 2012(CRLRCMP 2031 OF 2012 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 dispense with the filing of the original copy neat copying of the Judgment of trial court at present in the interest of Justice pending disposal of the above Crl.RC 2 IA NO: 2 OF 2012(CRLRCMP 2073 OF 2012 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 of the Judgment dated 02.08.2012 in in Crl.A No.82/2012, on the file of the Principal Sessions Judge, W.G.District at Eluru which ws passed in confirming the Judgment dt 01.03.2012 in CC No.433/2008 on the file of the I Addl.Judl. First Class Magistrate, Tadepalligudem, W.G.Dist., 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 permitted to implead Complainant i.e., Gudise Rambabu, S/o. Nageswara Rao as 2nd respondent in the CRL.R.C.No. 1323 of 2012 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 grant permission to the petitioner/ Defacto Complainant to Compromise the matter and compound the offence in CRL.R.C. No. 1323/2012 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 to quash the Criminal proceedings by allowing the CRL.R.C.No. 1323/2012 and pass Counsel for the Petitioner:

1. V SATYANARAYANA NEKKANTI Counsel for the Respondent:

1. RAMBABU KOPPINEEDI

2. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.Nos. 2 and 3 of 2026 IN/AND CRIMINAL REVISION CASE NO: 1323 of 2012 COMMON ORDER: I.A.No.2 of 2026 This is an application filed by Respondent No.2/Defacto Complainant praying to permit to compromise the matter in Crl.R.C.No.1323 of 2012 with the Petitioner/Accused.

2. Heard the learned counsel on both sides. Petitioner/accused and the respondent No.2 appeared before this Court to compromise the matter.

3. Learned counsel for respondent No.2 submits that the petitioner/accused was convicted in C.C.No.433 of 2008 for the offence punishable under Section 324 IPC and was directed to suffer simple imprisonment for a period of six months with a fine of Rs.500/-. The alleged offence was in the year 2008 i.e., prior to amendment of Criminal Procedure Code. He submits that at that time the offence under Section 324 IPC was compoundable in nature.

4. The learned Assistant Public Prosecutor also conceded to the proposal of the learned counsel for respondent No.2. 4

5. Having heard the learned counsels for parties, this application is considered, parties are granted permission to compromise the matter between themselves. I.A.No.3 of 2026

6. This is an application filed by Respondent No.2/Defacto Complainant to record the compromise in Crl.R.C.No.1323 of 2012 and to set aside the conviction and sentence imposed against the petitioner/accused vide Judgment in Criminal Appeal No.82 of 2012, dated 02.08.2012 on the file of Principal Sessions Judge, West Godavari, Eluru, in confirming the Judgment C.C.No.433 of 2008 dated 01.03.2012 on the file of I Additional Judicial Magistrate of First Class, Tadepalligudem, thereby acquit the Accused/petitioner.

7. Defacto complainant and the petitioner/accused are present before this Court. Heard the defacto complainant in Telugu vernacular. The defacto complainant had categorically admitted that the contents in the joint compromise petition are read over and explained him in Telugu language. He also specifically stated that the matter was compromised between themselves outside the Court and he has no objection if the petitioner/accused was acquitted from this case.

8. Heard the learned counsels for parties. Perused the contents in I.A.No.2 of 2026 and also perused the memorandum of compromise/understanding duly attested by the petitioner/accused and defacto complainant. Considering the entire aspect it appears that the joint compromise petition filed by the parties are 5 true and bonafide and there is no impediment to pass appropriate order in terms of compromise. Accordingly, this application is ordered. CRL.R.C.No. 1323 of 2012

9. The instant Criminal Revision Case is preferred being aggrieved by order of conviction passed by the learned trial Court against the present petitioner which was confirmed by the learned appellate Court for the offence punishable under Section 324 IPC.

10. Offence was committed in the year 2008 (prior to Cr.P.C. amendment 2013), at that time offence punishable under Section 324 IPC is compoundable in nature. The defacto complainant himself appears before this Court and submitted that he filed compromise petition on his own volition. Considering the same, the offence in this case under Section 324 IPC is hereby compounded in terms of settlement between the parties.

11. Accordingly, the present petitioner is hereby acquitted. The Order of conviction is thus set aside. The Petitioner be set at liberty. The sureties stand in favour of the Petitioner shall be forthwith released. The fine amount, if any, paid by the Petitioner/Accused shall be refunded to him by following due process of Law.

12. Accordingly, I.A.Nos.2 and 3 of 2026 are allowed and the instant Criminal Revision Case is allowed as compounded. 6 Consequently, pending miscellaneous applications, if any, shall stand closed. Dated: 06.03.2026 ____________________________ JUSTICE SUBHENDU SAMANTA 7 123 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.Nos.2 and 3 of 2026 IN/AND CRIMINAL REVISION CASE NO: 1323/2012 Dated: 06.03.2026