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Telangana High Court

K.Lingam And Another vs The State Of A.P. on 25 September, 2024

                                 1



        THE HONOURABLE SRI JUSTICE K. SURENDER

         CRIMINAL REVISION CASE No.2408 OF 2010
            ALONG WITH I.A.Nos.2 and 3 OF 2024

COMMON ORDER:

This Criminal Revision Case was filed by the petitioners/A1 & A2 aggrieved by the conviction recorded by the Courts below for the offence under Section 420 of the Indian Penal Code.

2. The revision petitioners/A1 & A2 along with A3 and A4 were convicted by the learned Special Judicial Magistrate in CC.No.206 of 2006 for the offence under Section 420 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years. In appeal the learned I Addl.District Judge set aside the conviction imposed against A4 and confirmed the conviction against A1 and A2. Since A3 died during pendency of appeal, the appeal against A3 was abated.

3. During pendency of the present revision, parties entered into compromise and filed IA.Nos.2 and 3 of 2024 to permit to compound the offence and to compromise the case, along with Joint Memo of Compromise.

4. The parties herein have stated in the Joint Memo of Compromise that they have settled the disputes between them 2 amicably and the defacto complainant (impleaded as respondent No.2 in IA.No.1 of 2024) has no objection to compound the offence under Section 420 of the Indian Penal Code and to set aside the conviction and sentence recorded in C.C.No.206 of 2006, dated 24.02.2009 by the Special Judicial Magistrate of First Class for trial of P&E offences, Nizamabad, confirmed by the I Additional District Judge, Nizamabad, in Crl.A.No.23 of 2009 vide order dated 23.12.2010.

5. Both the parties are present in person and identified by their respective counsel. The parties, who are present in the Court, admit the Compromise. When learned Assistant Public Prosecutor questioned, the defacto complainant/2nd respondent stated that they have no objection in setting aside the conviction against the revision petitioners/A1 and A2.

6. In view of the compromise entered between the petitioners/A1 & A2 and respondent No.2/defacto complainant I.A.Nos.2 and 3 of 2024 are allowed. Consequently, the Criminal Revision Case is allowed and the conviction and sentence recorded in CC.No.206 of 2006 by the Special Judicial First Class Magistrate for trial of P & E Offences, Nizamabad, dt.24.02.2009, confirmed by the I 3 Additional District Judge, Nizamabad in Crl.A.No.23/2009 vide order dated 23.12.2010, is hereby set aside.

As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.

__________________ K.SURENDER, J Date: 25.09.2024 tk