The High Court · 2025

Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the PetitionerA/ictim/PW-3 to compromise the matter with the Respondent No.1/Accused in CRL.RC.'1493 of 2013, by setting aside the conviction and senbnce passed against the Revision Petitioner in C.C. No. 813 of 2010 on the file of lll Additional Judicial Magistrate of First Class, Khammam as confirmed by CRL lr. 17 of 2013 on the file of Special Judge for Trial of Cases under SC's and ST's (POA) ActCum-Additional Sessions Judge at Kharnmam; in the interest of justice. lA NO: 2 OF 2024 Petition under Section 320(2) ot Cr.P.C praying that in the circumstances stated in the affida';it filed in support of the petition, the High Court may be pleased to recor(l the compromise entered by both the Revisional Petitioner/Accused No.'l and 2nd Respondent/ Victim, by considering the affidavit of the Respondent No.2Alictim, allow the Criminal Revision Case CRL.RC.1493 of 2013, by setting aside the conviction and sentence passed against the Revision Petitioner in C.C. No 813 of 2010 on the file of lll Additional Judicial Magistrate of First Class, Khammam as confirmed by CRL.A. 17 of 2013 on the file of Special Judge for Trial of Cases under SC's and ST's (POA) Act-Cum-Additional Sessions Judge at Khammam, in the interest of justice. Counsel for the Petitioner :SRI KOWTURU PAVAN KUMAR Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following:COMMON ORDER HON'BLE SMT. JUSTICE JUVVADI SRIDEVI f .A.No.'t and 2 of 2024 in/and CRIMINAL REVISION CASE No.1493 of 2013 COMMON ORDER: This Criminal Revision Case is frled under Sections 397 and 401 of Cr.P.C. by the petitioner/accused No.1 to quash the proceedings against him in Crl.A.No.17 of 2013, dated

22.07-2013 on the file of the learned Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-Additional Sessions Judge, Khammam District confirming the Judgment passed by the learned lll Additional Judicial Magistrate of I Class, Khammam, in C.C.No.813 of 2010, dated 21 .01 .2013, registered for the offence under Section 447 of lndian Penal Code.

02. lt is submitted by learned counsel appearing for the petitioner as well as the victim, that during pendency of the present Criminal Revision Case, the parties have compromised the matter and accordingly, l.A.Nos.1 and 2 of 2024 have been flled to record the compromise between them and to compound the offence.

03. Vide order dated 05.03.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Servrces Committee, High Court for \ \ 2 the State of Telangana, Hyderabad, for identification and to submit a report.

04. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated 12.03.2025and the same is placed on record.

05. ln view of the above, l.A.Nos.1 and 2 of 2024 are allowed. Consequently, this Criminal Revision Case is allowed and the Judgment dated 22.07 .2013 in Crl.A.N o.17 of 2013 on the file of the learned Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-Additional Sessions Judge, Khammam District confirming the Judgment dated 21.01.2013 passed by the learned lll Additional Judicial Magistrate of I Class, Khammam, in C.C.No.813 of 20'10 is hereby quashed. lVliscellaneous applications, if any pending, shall stand closed. I To, //TRUE COPY// A\h \ SD/- MOHD. ISMAIL EPI'TY REGISTRAR SECTION OFFICER

1. The Special Sessions Judge for Trial of Cases under SCs and STs (pOA) ^ Act-Cum-Additronal Sessidns Judge, Xf,rrrnr.i'Oirtn"t 2. The ,t Additionar Judiciat,First C,i; M;;il;;t;, lrrammam oistrict 3 The Secretary Hrsh court I-egal servles a;;iliil} High court for the State 4. The Superintendent. Central Jail . Khammam of Telangana at Hvderabad

5. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) 6 One CC to SRI KOWTURU PAVAN KUMAR, Advocate IOPUCI 7. Two CD Copies +/ ADK/gh Along with a copy of Joint Memo of Compromise J HIGH COURT DATED:19rcA2025 \ COMMON ORDER l.A.Nos.1 anrl2 of 2024 ln/and CRLRC.No.1493 of 2013 ,c. i ir .J, (' ($( >z o -\ iJ 2OJUl{ 20fr \:.,-. \ ALLOWING THE CRLRC AND tA.NOs.1 & Z OF 2024 /a ,/A ,/a /ts /l o IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD CRL.RC.NO.t493 0F 20t3 AGAINST CRL.A. NO.17 0F 2013 (ON TT{E FILE OF THE SPECIAL SESSIONS JUDGtr FOR TRIAL OF CASES UNDER SC'S AND ST'S (POA) ACT-CUM-ADDITIONAL SESSIONS JUDGE, KHAMMAM AT KIIAMMAM DISTRICT) BIITWEEN:- Rayala Venkateshwarlu, S/o. Ramaiah, Age: 81 years, Occ; Agriculture, R/o. Venkatapuram Village, Mudgonda Maudal, Khammam District. Ancl Petitioner/ Accused No.1

1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

2. Kandula Rama Devi, Wo. Balachander, Aged:52 years, Occ: Agriculturist, R/o. Venkatapuram Village, Mudigonda Mandal, Khammam District. .... Rcspondent No.1 ...Respondent No.2/Victim f ro -s a--.$,-?,P{ftr R dS,-ZB i I I I I I I I i I JOINT NIE NIC) oF COMPR OMIS 0 IiD RYAC CT]SED& VIC (PW-3 It is subnritted thal 2nd Respondent herein was the Prosecution Witness ) in the Calendar Case vide bearing number C.C. No. 8t3 of 2010. it is the M.R.O i.e. PW-l filed a complaint against the Revision Petitioner herein alleging that, the Petitioner had trespassed jnto the land of subnl itted that Respondent No.2.

2. After the trial the III Additional Judicial Magishate of I Class, at Khammam convicred the Revision petitioner ua. ..;;;;; *r-.1""0" and sentenced to und rgo simple imprisonment of three (3) months and aiso to pay a fine of Rs..l,r l/- in default simple imprisonment of l5 days. 3. Aggrieved b-v rhe same, ,n'uip.ul ,ru, " rrvr..'\'u oy the Revil' Petitioner herein Vid ;'i:i'.::T."#'!1i'lxfl::;:#ii':"trH *'ITToNAL sESsIoNS JUDGE, AT KHAMMAM. rn",-.: judge while arnrming the judgment or the triar "",.,, di,;i;,:il:;::;i]ate 4. euestioning tltc same, the presenl Petitioner herein. whire :";,:,., the forowing order. Revisior '):":':.' was filed bv the Revision granting bail this Hon'ble court was pleased ro pass ".,",,"_ *nr*rilriri. represented that the pefitioker is w sentence of imprisr suspended rn the circumsta, "r;,;;';;r:;:::.'' #friy**i*rffi ;;,;;,,,.;,r;;;* tw lodged in Disrricr Jail, -o-Le-,t-.t, ?""s*164^_ ,l{b,!;pKh I I I ! '::l l o

5. lt is submitted that in the meanr'vhile' on timely intervention of elders and well -wishers of bgth narti.11 have suggested an amicable settlement between the'parties. a'ccordingty?ioth partles agreed for a compromise' It is imperative to state that, other indivldgals who were antayed as accused in C'C No.813 of 2010, had preferred Revision on CRL'RC' 1485 of 2013 before this Hon'ble Court and have compromised by virtue of Order dated 27.ro.2ozr.As the petitioner had preferred a separate Revision Petition' upon consonance with the Respondent No'2 agreed to settle the issue by way of compromlse It is submitted that, to that aflect the Respondent No'2/ Prosecution 6. Witness No'3 is filing afhdavit before this Hon'ble court' It is submitted that the parties' the tnatter may be in view of the settlement arrived closed by allowing the Revision Petition and either of the parties have no obi ection for the same' .between lt is therefore prayed before this Hon'ble Court to consider the 7. affidavit of the 2'd Respondent/ Prosecution Witness-3 in recording the compromise while allowing the Criminal Revision Case by setting aside the conviction and sentence passed against the Revision Petitioner in C'C' No' 813 of 2010 on the file of III Additional Judicial Magistrate of First Class' Khammam as confirmed by CRL'A' 17 of 20\3 on the file of Special Judge for Trial of Cases under SC's and ST's (POA) Act-Cum-Additional Sessions Judge at Khammam; in the interest of justice and pass such other order or orders as it deems fit and proper in the circumstances of the case' -'d-t6,-a: r(d"*PXf) {. Accused/Revision Pctitioner oto".S-}--fu,"* (Rayala Venkateshwarltr) 2nd Respondent/Victim I P H, (Kandu a i) !l I V.06^,^4+"+ Couirlel for the Petitioner/ Accusctl Hyderabad. Dated'. Lo.03.2024 Counsc I frrr ll-2/PW.3