In an appeal against conviction under 498-A IPC and Dowry Act, the High Court, recording a compromise via mutual agreement where the husband paid Rs.5,00,000/-, set aside the conviction against the appellant and acquitted him.
Conviction set aside and appellant acquitted; bail bonds cancelled; compromise recorded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FORTHE STATEOF TELANGANA
AT HYDERABAD
FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE JUSTICE G. SRI DEVI
LA. NO. 20F 2020
IN/AND
CRIMINAL APPEAL NO: 1557 OF 2018
Crl.Appeat Under Section 374 (2) of Cr.P.C. against the order dated 09-05-2018 in Crl.A.No. 33 of 2016 on the file of the Court of the Principal Sessions Judge at Khammam preferred against order dated 20-01-2016 in C.C. No. 304 of 201 1 on the file of the Court of the I Additional Judicial Magistrate of First Class at Khammam.
Between:
It/orem Ravi Kumar S/o. Venkanna, age:40 years, Occ - Central Government Employee, S and T Department, Rail Nilayam, Eas[ Maredpally, Secunderabad.
...APPELLANT No.1 / Respondent No.2 / Accused No. 1
AND
lANos:1&2OF2020
Between:
smt Morem Kalyani Rani w/o. Ravi Kumar, aged 37 years, Fi./o. H.No. s-3-358, shanthi Nagar, Khammam Town and District. .. petitioner /'R -2 in both
And
lA NO: 1 OF 2020
Petition under section 1si cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High coun may be preased to permit the Petitioner/R-2 to compound the offences against the Appela nt/Accused and set-aside the judgment Dt.09-05-2018 in crr.A.No.33/2016 on the fire of the principre sessrons Judge, at Khammam and pass
t,A. NO. 2 oF 2020
Petition Under Section 320 (6) Rtw. 482 ol Cr.p.C. praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to record the compromise in crr.A.No..1 55712018 and set_aside the judgment Dt.09-05-20'18 in crl.A.No.33 12016 on the fire of the principar sessions Judge, at Khammam
Counsel for the Appellant in Crl. Appeal and Respondent No. 1 in t.A. No. 2 ol 2020: SRt S. CHALAPATHT RAO
Counsel for the Respondent: THE pUBLIC PROSECUTOR
Counsel for the Respondent No. 2 in Crl.A. And Petitioner in l.A. No. 2 ol 2020: SRt K. RAMANJANEYULU
The Court delivered the following: Judgment
HONOURABLE JUSTICE G. SRI DEVI
l.A.No.2 of 2O2O ln/and CRIMINAL APPEAL No.'l 557 of 2018
JUDGMENT:
The present Criminal Appeal is fited under Section 37a Q) of Cr.P.C., chattenging the conviction and sentence imposed against the appettant lA-1 for the offences punishabte under Section 498-4 of LP.C. and Section 4 of the Dowry Prohibition Act in Crt.A.No.33 of 2016 on the fite of the Principal Sessions Judge, Khammam.
During pendency of the Criminat Appeal, l.A.No.2 of 2020 came to be fited by the Znd respondent to record the compromise. Atong with the petition, a joint memo which is signed by the parties and their counset, photographs of the parties and Photostat copies of their Aadhar Cards came to be fited. lt is stated in the affidavit that at the intervention of etders and wetl wishers, the parties have settted their disputes in terms of the MutuaI Agreement, which is fited atong with the compromise petition. As per the Mutual Agreement, the appeltant, who is the husband of the second respondent, agreed to pay Rs.5,00,000/- towards permanent atimony to the second respondent and her son,
Today, the appettant and the second respondent are present before this Court and they were identified by their respective counset. This Court, when examined, both the parties have stated that at the instance of the etders, they have settted the matter out of the Court and the second respondent has acknowtedged the
receipt of Rs.5,00,000/-and she has no objection for setting aside the conviction andsentence imposed againstthe appeltant/A-1. The Mutuat agreementshatt do form part of this order.
ln the Light of the compromise arrivedat between the parties, the compromise memo fited by boththe partiesis recorded and l.A.No.2of 7020is ordered,
ln the resutt, the CriminatAppeatis attowed in termsof compromise. The convictionand sentencerecorded against the appettant/A-1 for the offencespunishabteunder Section 498-AIPC and Section 4 of the Dowry ProhibitionAct,'1961 in Crt.A.No.33of 2016 on the file of the Principal SessionsJudge, Khammam, are set aside and accordingty, he is acquittedfor the said offences. The bait bonds of the appettant shattstands cancetled.
Miscettaneouspetitions, if any,pendinq, shalt stand closed.
SD/.M.SHANTHIVARDHINI JOINT REGISTRAR
//TRUE COPY//
6b
\
SECTIONOFFICER
Toil Tne principal Sessions Judge ' at Khammam i +ii; i A;;iii;"rlJudicial tvla{istrate of First class'Khammam 3. Two Ccsto Public pro."cJioi,'n'gh Court for the State of Telanganaat Hvderabad.(OUT) 4 6,,.,["#iJ dir]s'cHnlnpnrHI RAo,Advocate[oPUc] 5 EnE ;6 i" Eiir.mvnNJANEYULU, Advocate(oPUc)
HIGH COURT
DATED:1210212021
COMMON JUDGMENT
l.A. NO.2 0F 2020
IN/AND
CRLA.No.1557 of 2018
ALLOWING THE CRL.APPEAL IN TERMS OF COMPROMISE
/. ,,4t.
IJ
.fr
MEMORANDUMOF .RIMINALMISC.PETITION
(UNDER SECTION320 (6) R/w' 48]of-c1'--r' c) IN THE.iIGHCOURT OF JUDICATURE AT HYDERABAD FOR THESTATE OF TELANGANA
Between:
Smt.MoremKalyani Rani, W/o Ravi I(umar' Aged about37 Years,Occ:Houser'vife' Rlo H.No.5-3-358, ShantiNaJ4ar' I(hammam,KhammamDistricL'
..Petitioner/R-2
AND
"""Respondent/Petitioner
... RespondenllR-2
,to ii'{'f MEMO
Itissubmittedthatthr:petitioner/defacatocomplainant have amicablysettledthe clispute at the intervention of elders' friends andweilwish'-'t'r; and thematter hasbeen compromis€dbetween tl-ierrl' Hence the both parties came to compromiseand the parti':s of have no claims or rights against eachother in the Itlture'
Respondent/Accused
*rno^rtr^"\c^/J"-( Ell</sup> Petitioner/ ResPondent-2
CoLlnse I for c c
Counsel lbrPetitioner/R-2
{q
0
t B RE RIJ BEE
!)
Be.lon. ee tdma TELANGANA r, i.lo 3 171,ji/ i)are 16-11-2019, Rs.10O/. "t6 tl0v z0t9
Soid ro: tul.Kalyani Rani. D/o. R.sambasjva Rac, R/c. i,:hammam For Whom I Setf & Others.
u 7243i8)gr . t !/ pAn-Sn D :]!: Ii S E.] SlAMP,/ENooF L r,J(,22 05 001/20t5 ,1,r[14[ A /n M STRgET ht,lM (.!ll rto J9UBll6535
tvl Lll't,A I,,ICItl'llrll L-NT
and This murual agreement is madc bctwecn:and exccutcd o, this ITrh day of November.20r9 at t(hammarn by
M. RAVI KUMAR, S/o. Sri. M.Vcnkannr, Aged about 42 yrs, Occ: Govt. Employee c/o Dy cs'l'E/1'ere/ projects/ sc, Besides Rairnirnyanr, I.RC cround Road, and secunderaba<r. Herein aller ret'ered to as pARTy OF l.lltsT PART (HUSBAND)
Smt. KALYANI RANI, Wo. M.liavi Kumrrr, Agcd about 37yrs, Occ: llouscwll.€, fuo H.No. 5-3-358, Shanthl Nagar. Khnmnrul Dist.
Herein afier referred to as pARTy OF SECOND I)AIt.l ( WIFE )
Glj/ \x.<^{,6na
Contd. oD paper..2
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Conrd. on paper..4
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tntJVitnesswhereof the parties to tltis agreemertt set their hands in token of exectttion of abovc said agreementwith fiee will and consent and ^'ithout anycoercion or undue inlluetrce on the date ar, dplaceabove r:rentioned.
I
\'itne s s
l'Alll'Y OFFlllS'lPr\llT'
nn. -#"^<sup>(qr1 I'AIITYOF SECONDPART Witness
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2
3 issues framed by the court
Whether the criminal appeal decided under Section 374 CrPC should be allowed in terms of a compromise recorded under Section 320 CrPC.
Whether the conviction and sentence against the appellant be set aside upon mutual agreement and payment of maintenance.
Whether the accused should be acquitted in the light of the recorded compromise between the parties.
Morem Ravi Kumar S/o. Venkanna
Smt. Morem Kalyani Rani W/o. Ravi Kumar
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
