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CDJ 2025 APHC 1882
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Revision Case No. 334 of 2019 |
| Judges: THE HONOURABLE MR. JUSTICE SUBHENDU SAMANTA |
| Parties : M. Prasad & Others Versus State Of Ap, Rep. By Its Public Prosecutor, Highcourt Of A.P. Amaravati. |
| Appearing Advocates : For the Petitioners: B. Sarvotham Reddy, Advocate. For the Respondent: Public Prosecutor (AP). |
| Date of Judgment : 23-12-2025 |
| Head Note :- |
| Criminal Proedure Code - Section 397/401 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 151 CPC
- Section 397 CrPC
- Section 401 CrPC
- Section 320 CrPC
- Section 359 CrPC
- Section 323 IPC
- Section 34 IPC
2. Catch Words:
- Compounding
- Compromise
- Non‑bailable warrant
- Bail
- Acquittal
- Impleadment
3. Summary:
The High Court considered multiple applications filed under Section 151 of the CPC and Section 397/401 of the CrPC relating to a criminal revision. The petitioners sought recall of a non‑bailable warrant, impleadment of victims, permission to compound the offence under Section 323 read with 34 IPC, and setting aside of the conviction and sentence. The court noted that the offence under Section 323 IPC is compoundable and that a memorandum of compromise was signed by the victims. Accordingly, the non‑bailable warrant was recalled, the victims were impleaded, and the compromise was recorded. The conviction and sentence were set aside, the petitioners were acquitted, and the sureties released. All pending applications were disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(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 the Judgment in Criminal Appeal No.224/2017, dated 20.03.2019 on the file of the II Addl. Sessions Judge, Kurnool at Adoni, confirming the judgment in CCNo.541/2012, dated 15.09.2017 on the file of the I Addl. Judicial Magistrate of First Class, Adoni.
IA NO: 1 OF 2019
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 filing of certified copy of the judgment in CC. 541/2012 dated 15-09-2017 on the file of the Additional Judicial Magistrate of First class, Adoni
IA NO: 2 OF 2019
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 release the petitioner on bail after suspending the operation of the sentence imposed in C.C.541/2012 dated 15-09-2017 on the file of the Additional Judicial Magistrate of I class Adoni which was confirmed in Crl.A.No.224/2017 dt 20.03.2018 on the file of the II Additional Sessions Judge, Kurnool.
IA NO: 1 OF 2025
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 recall the NBWs issued on in Crl.R.C.No.334/2019, dt.05- 12-2025 in the interest of justice.
IA NO: 2 OF 2025
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 Petitioners to implead as Respondents No.2 to 6 in Crl.R.C.No.334/2019 being the Victims in Crime No.541/2012 enabling to compromise between the parties in the interest of justice.
IA NO: 3 OF 2025
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 Grant permission to the petitioners to compound the offence punishable under Section 323 r/w 34 IPC, to record the compromise, to allow Crl.R.C.No. 334/2019 by setting aside the judgments dated 15-09-2017, an C.C.No. 541/2012 dated 20-03-2019 in Crl.A. No 224/2017 and acquit Respondents No. 1 to 3/Revision Petitioners in the interest of justice
IA NO: 4 OF 2025
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 pleased to record the terms of compromise between the parties by allowing the Crl.R.C.No.334/2019 by setting aside the judgment dated 15-09-2017 passed by the 1 Additional Judicial Magistrate of First Class, Adoni in C.C.No.541/2012 and also judgment dated 20-03-2019 passed by the 11 Additional Sessions Judge, Kurnool at Adoni in Crl. A. No.224/2017 and thereby acquit the Accused in the interest of justice)
1. I.A.No.1 of 2025, this is an application to recall Non-Bailable Warrant issued against the present petitioners. The present petitioners are appeared personally as well as through their learned counsel before this Court, thus, Non-Bailable Warrant issued against the present petitioners is hereby recalled. Accordingly, I.A.No.1 of 2015 is ordered.
2. I.A.No.2 of 2025, this is an application for seeking permission to implead the victim in the case. It appears that there are five victims in the calendar case for offence under Section 323 IPC. Five victims appeared before this Court by filing vakalat. Considering the submission of the learned counsel for the victims and as the parties intended to compromise the matter, the victims 1 to 5 are hereby impleaded as respondents 2 to 6. Accordingly, I.A.No.2 of 2025 is allowed.
3. I.A.No.3 of 2025, this application filed under Section 320(2) Cr.P.C. corresponding Section 359 BNSS for passing necessary orders by recording compromise between the parties in terms of compounding the offence.
4. I.A.No.4 of 2025, this is an application for recording the compromise between the parties.
5. Heard learned counsel for the parties. Perused the petition for compromise effected between the parties. Compromise petition was duly signed by the victims also identified by the learned counsel for the victims.
6. Instant criminal revision case has been preferred against the order dated 20.03.2019 passed in Crl.A.No.224 of 2017 by the learned II Additional Sessions Judge, Kurnool at Adoni.
7. Learned Appellate Court has confirmed the order of conviction of the present petitioners under Section 323 read with 34 IPC and sentenced them to undergo rigorous imprisonment for three months each and fine of Rs.1,000/- each, in default, simple imprisonment for fifteen days.
8. The offence punishable under Section 323 IPC is compoundable in nature.
9. It appears from the memorandum of compromise signed by the victims, the matter was compromised between themselves in the presence of the elders of the family. As the victims of the case entered into compromise the matter, this Court is inclined to pass appropriate orders.
10. In terms of Section 320 Cr.P.C, the offence punishable under Section 323 IPC is compoundable in nature and as the compromise effected in between the parties, in the presence and consent of the victims; the offence is hereby compounded, the order of conviction passed against the present petitioners is hereby set aside.
11. The petitioners are hereby acquitted from this case.
12. The sureties standing in their favour also released.
13. Accordingly, I.A.No.3 of 2025, I.A.No.4 of 2025 and the Criminal Revision Case are disposed of.
As a sequel, pending miscellaneous applications, if any, shall stand disposed of.
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