| |
CDJ 2026 APHC 1569
|
| Court : High Court of Andhra Pradesh |
| Case No : I.A. Nos. 2 & 3 of 2026 IN/AND Criminal Revision Case No. 1081 of 2007 |
| Judges: THE HONOURABLE MR. JUSTICE SUBHENDU SAMANTA |
| Parties : Ramisetty Kotaiah Versus The State of Ap Rep By Its Pp Hyd, Rep. By Its Public Prosecutor, Guntur & Others |
| Appearing Advocates : For the Petitioner: Posani Akash, Advocate. For the Respondent: Public Prosecutor, Shagufta Jahan Noor, Advocate. |
| Date of Judgment : 19-08-2026 |
| Head Note :- |
Criminal Procedure Code - Section 397/401 -
|
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 397/401 of CrPC
- Section 151 CPC
- Section 324 of IPC
- Sections 3 & 5 of Explosive Substances Act
- Section 320 Cr.P.C
2. Catch Words:
- compoundable
- acquittal
3. Summary:
The High Court entertained multiple petitions under Section 151 CPC seeking procedural relaxations, bail enlargement, impleadment of respondents, and compromise in a criminal revision case. The petitioners were convicted under Section 324 IPC and Sections 3 & 5 of the Explosive Substances Act. The de facto complainant, now a prosecution witness, affirmed an amicable settlement and voluntary compromise. The Court held that the offence under Section 324 IPC was compoundable at the time of occurrence and, invoking Section 320 Cr.P.C., set aside that conviction. Although offences under the Explosive Substances Act are non‑compoundable, the Court, using its inherent powers, also compounded them to preserve communal peace. Consequently, all convictions were set aside, the petitioners were acquitted, sureties released, and the pending revision and related petitions disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
|
(Prayer: Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present this Memorandum of Crl.R.C., aggrieved by the Judgment dt.31-7-2007 passed Crl.A.No.228 of 2003 by the VIII Addl. Dist. & Sessions Judge, (FTC), Guntur, confirming the Judgment dt. 02-6-2003 passed in S.C.No.289 of 2000 by the Prl. Asst. Sessions Judge, Narasaraopet, Guntur District.
IA NO: 1 OF 2007(CRLRCMP 1540 OF 2007
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 typed copy & Neat copy of the Judgment dt. 02-6-2003, passed in SC.No. 289 of 2000 by the Prl. Asst. Sessions Judge, Narasaraopet.
IA NO: 2 OF 2007(CRLRCMP 1548 OF 2007
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 enlarge the petitioners / A2 and A3 on bail after suspending the sentence imposed by the Judgment dt.02-06-2003 passed in S.C.No.289 of 2000 by the Prl. Asst. Sessions Judge, Narasaraopet as confirmed by the Judgment dt. 31-07-2007 passed in Crl.A.No. 228 of 2003 by the VIII Addl. Dist. & Sessions Judge, (FTC), Guntur, 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 to implead proposed respondent nos. 2 and 3 as respondents 2 and 3 in the present criminal revision case and to 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 to permit the petitioner/Defacto complainant to compromise in the present criminal revision case by setting aside the conviction and sentence imposed through the judgment dated 02.06.2003 passed in SC No. 289/2000 by the Principle Assistant Sessions Judgement, Narasaraopet as confirmed through judgment dated 31.07.2007 passed in Criminal Appeal No. 228/2003 by the VIII Additional District and Sessions Judge, Narasaraopet and acquit A2 and A3 and to 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 in the present criminal revision case by setting aside the conviction and sentence imposed through the judgment dated 02.06.2003 passed in SC No. 289/2000 by the Principle Assistant Sessions Judgement, Narasaraopet as confirmed through judgment dated 31.07.2007 passed in Criminal Appeal No. 228/2003 by the VIII Additional District and Sessions Judge, Narasaraopet and acquit A2 and A3 and to pass)
1. I.A.No.2 of 2026 is filed seeking to permit de facto complainant to compromise the revision case by setting aside the conviction and sentence imposed through the judgment dated 02.06.2003 passed in S.C.No.289 of 2000 by the Principle Assistant Sessions Judge, Narasaraopet as confirmed through judgment dated 31.07.2007 passed in Criminal Appeal No.228 of 2003 by the VIII Additional District and Sessions Judge (FTC), Guntur.
2. I.A.No.3 of 2026 is filed seeking to record compromise in the present criminal revision case by setting aside the conviction and sentence imposed through the judgment dated 02.06.2003 passed in S.C.No.289 of 2000 by the Principle Assistant Sessions Judgment, Narasaraopet as confirmed through judgment dated 31.07.2007 passed in Criminal Appeal No.228 of 2003 by the VIII Additional District and Sessions Judge (FTC), Guntur.
3. In support of I.A. No.3 of 2026, the petitioners and respondents 2 and 3 have filed a Joint Memo, wherefrom it is evident that the parties have amicably settled their dispute outside the Court. In terms of the settlement, the 2nd respondent, who is the de facto complainant and one of the prosecution witnesses in the Sessions Case, agreed to compromise.
4. Learned counsel for the petitioners submits that the petitioners were convicted for offences punishable under Section 324 of IPC and under Sections 3 & 5 of Explosive Substances Act. The offence alleged to have been committed on 06.02.1999. At that time, the offence punishable under Section 324 of IPC was compoundable under Section 320 of the Code of Criminal Procedure. Since the parties have amicably settled the dispute and voluntarily filed the Joint Memo, the conviction recorded for the offence under Section 324 IPC is liable to be set aside by recording the compromise between the parties.
5. The 2nd respondent, who is the de facto complainant, appeared before this Court in person and also represented on behalf of 3rd respondent. On being questioned, he stated that the dispute between themselves and the petitioners has been amicably settled in the presence of the village elders. He categorically stated that they voluntarily signed the Joint Memo of Compromise without any force, coercion, undue influence or pressure. He also expressed that they have no objection if the petitioners are acquitted in the present case.
6. Having regard to the facts and circumstances of the case, this Court finds that the offence punishable under Section 324 of IPC was compoundable on the date of the occurrence, i.e., on 06.02.1999. Therefore, there is no legal impediment to compound offence under Section 324 of IPC in recording the compromise entered into between the parties.
7. In terms of Section 320 Cr.P.C, the offence punishable under Section 324 IPC is compoundable in nature at the time of occurrence of offence and as the compromise effected in between the parties, in the presence and consent of the victims; the offence under Section 324 IPC is hereby compounded, the order of conviction passed against the present petitioners is hereby set aside.
8. Offences punishable under Sections 3 & 5 of the Explosive Substances Act are not compoundable in nature. Petitioners are village people, who are experiencing a very long pending criminal litigation for about two decades. It has been proved that there are disputes between two groups of people in same village resulted to registration of case and counter case. Now after two decades peace has finally arisen in the locality. Reasons thereby, they voluntarily settled old disputes and differences without intervention of Court. At this situation, if petitioners being convict of calendar case are not released, the hard earned peace of the society would be disrupted. Thus, this Court has inclined to pass a favourable order by using inherent power of this court. Accordingly, the offences under Sections 3 & 5 of Explosives Substances Act are also compounded, conviction of petitioners under Sections 3 & 5 of Explosives Substances Act, is hereby set aside.
9. The petitioners are hereby acquitted from this case.
10. The sureties standing in their favour also released.
11. Accordingly, I.A.No.2 of 2026, I.A.No.3 of 2026 and the Criminal Revision Case are disposed of.
Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed.
|
| |