CRLA/457/2024 of Indurupalli China Hazarathaiah Vs The State of Andhra Pradesh on 31 December 2024

COMMON JUDGMENT:

The instant appeal has been filed under Section 374(2)of CodeofCriminal Procedure, 1973 read with Section 415(2) of BNSS, against thejudgment dated 12.07.2024 passedin S.C.No.1of 2018[on][ the]fileof theCourtofSpecialJudgeforTrialofOffencesagainstWomen-cum-VIIIAdditional District and Sessions Judge, Nellore.

2. I.A.No.5 of 2024 is filed by Respondent No.2/defacto-complainant[under]Section 359(2) of Bharatiya Nagarik Suraksha Sanhita seeking permission tocompound the offence in S.C.No.1 of 2018 on the file of the Court of SpecialJudge for Trial of Offences against Women-cum-VIIIAdditionalDistrict andSessions Judge, Nellore.Section 359(2) of Bharatiya Nagarik Suraksha Sanhita seeking permission tocompound the offence in S.C.No.1 of 2018 on the file of the Court of SpecialJudge for Trial of Offences against Women-cum-VIIIAdditionalDistrict andSessions Judge, Nellore.

3. I.A.No.6 of 2024is filed by the Respondent No.2/defacto-complai[nant]underSection528ofBharatiyaNagarikSurakshaSanhita,seekingpermission to present the criminal appeal.underSection528ofBharatiyaNagarikSurakshaSanhita,seekingpermission to present the criminal appeal.

4. HeardMs.K.PallavilearnedcounselfortheappellantandMs.M.Umadevi,learnedcounselforthedefacto-complainant/respo[ndent]No.2.Ms.M.Umadevi,learnedcounselforthedefacto-complainant/respo[ndent]No.2.

5. Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor[for][ the]State/Respondent No.1is in attendance.State/Respondent No.1is in attendance.

6. AccusedappearedthroughvideoconferencefromCentralPrisonNellore. This Court reprimanded him not to repeat such harassment againstthe wife. The wife has come forward voluntarily stating that even during theNellore. This Court reprimanded him not to repeat such harassment againstthe wife. The wife has come forward voluntarily stating that even during the course of trial, they were living together. They want[to][ live][ together][ for][ the]sake of children.

7. Learned Assistant Public Prosecutor is in attendance[and][ would][ submit]that Court may pass appropriate orders, since the couple[want][ to][ live][ together]and infact they have been living together for the sake[of][ their][ children.]

8. Considering the submissions, in the interests of justice,[l.A.Nos.5][ and][ 6]of 2024 are allowed. Consequently, the Criminal Appealis allowedsettingaside the judgment dated 12.07.2024 passed in S.C.No.1of 2018 on the fileof the Court of Special Judge for Trial of Offences[against][ Women-cum-VllI]Additional District and Sessions Judge, Nellore. The Superintendent,[ Central]Prison, Nellore is directed to release the petitioner/accused[forthwith,]if hispresence is not required in any other case.of 2024 are allowed. Consequently, the Criminal Appealis allowedsettingaside the judgment dated 12.07.2024 passed in S.C.No.1of 2018 on the fileof the Court of Special Judge for Trial of Offences[against][ Women-cum-VllI]Additional District and Sessions Judge, Nellore. The Superintendent,[ Central]Prison, Nellore is directed to release the petitioner/accused[forthwith,]if hispresence is not required in any other case.

Consequently, miscellaneous applications pending,if[any,][ shall][ stand]closed.

SDI- E KAMESWARA RAOJOINT REGISTRAR

//TRUE COPY//

OFFICERp>( SECTION

To

1. The Special Judge for Trial of Offences against Women-cum-VIIIAdditional District and Sessions Judge, Nellore, SPSR[Nellore]Additional District and Sessions Judge, Nellore, SPSR[Nellore]

2. The Station House Officer, Manubolu Police Station,[SPSR][ Nellore]DistrictDistrict3. The:Superintendent, Central Prison, Nellore, SPSR Nellore[District,][ (by]Speed Post)„.juSpeed Post)„.ju4. Two CCs to the Public Prosecutor, High Court of[Andhra][ Pradesh,]Amaravathi [OUT]Amaravathi [OUT]5. One CC to Ms. K Pallavi, Advocate [OPUC]6. One CC to Ms. Umadevi Manchala, Advocate [OPUC]6. One CC to Ms. Umadevi Manchala, Advocate [OPUC]

7. The Section Officer, Criminal Section, High Court[of][ Andhra][ Pradesh.]

8. Three CD Copies

TKvnavna

HIGH COURT

DATED:31/12/2024

JUDGMENT

I.A.Nos.5 & 6 of 2024 in/and CRLA.No.457 of 2024

50 6 JAN 2025 \BCurrent SMtion ^ ;

ALLOWING THE I.A.Nos.5 & 6 of 2024 ANDALLOWING THE CRIMINAL APPEAL

%■

IN THE HON'BLE HIGH COURT OF ANDHRA PRADESH AT;AMARAVATI

CrI.A.No.

BETWEEN;

Indumpalli China HazarathaiahS/o. Hazarathaiah, aged about 50 years,R/o. Kondupalem Village, Manubolu Mandal,SPSR Nellore District.

...Accused/Appellant

AND

1. The State of Andhra PradeshRep. by Public Prosecutor,High Court of Andhra Pradesh at Amaravati.Rep. by Public Prosecutor,High Court of Andhra Pradesh at Amaravati.

2. Indurupalli Rajeswari,

w/o. Indurupalli China Ha;zarathaiah,

aged about 40 years, Occ; Household,

R/o. Kondupalem Village, Manubolu Mandal,SPSR Nellore DistrictSPSR Nellore District

...Complainant/Respondents

JOINT COMPROMISE MEMO FILED ON BEHALF OF THE APPELLANTAND RESPONDENT No.2

1. It is submitted that, the 2"'' respondent filed complaint as againstthe accusedin S.C.No. 1/2018 who is none other than husband of the2"“ respondent, for the incident which occurred on 16-08-2015. For thequarrel in between appellant and 2"“ respondent as the appellant wasintoxicated at that particular time the incident took place and the offenceis registered vide Crime No. 84/2015 dated 17-08-2015 of ManuboluPolice Station, for the offences U/S 307, 326 IPC. Later ChargeSheetwas filed and case is numbered as S.C.No. 1/2018 on thefileof theHon’ble Special Judge for Trial of Offences against[Women-cum-Vill]Additional District & Sessions Judge, Nellore. Though[in][ the][ trial][ the][ 2"'']the accusedin S.C.No. 1/2018 who is none other than husband of the2"“ respondent, for the incident which occurred on 16-08-2015. For thequarrel in between appellant and 2"“ respondent as the appellant wasintoxicated at that particular time the incident took place and the offenceis registered vide Crime No. 84/2015 dated 17-08-2015 of ManuboluPolice Station, for the offences U/S 307, 326 IPC. Later ChargeSheetwas filed and case is numbered as S.C.No. 1/2018 on thefileof theHon’ble Special Judge for Trial of Offences against[Women-cum-Vill]Additional District & Sessions Judge, Nellore. Though[in][ the][ trial][ the][ 2"'']

Contd/-

II2II

/

si

respondent herein did not state anything as against the appellant, herhusband after Completion of trial the appellant was acquitted for theoffences U/S 326 and 498 A IPC but convicted by the Hon’ble TrialCourt for the offence Under Section 307I.P.C, andsentencedtoundergo rigorous imprisonment for 5 years and pay fine of Rs. 5,000/-,in default to suffer simple imprisonment for two months.

2. It is Submitted that as against the said Judgment and Sentencethe appellant filed appeal before this Hon’ble High Court vide CrI.A.No.457 of 2024, but unfortunately the ball applicationfiledalongwithappealis dismissed by this HoiVble court.Further theissueinthepresent caseisin between husband and wife and thesameisnotagainst the society. There are no differences in between the appellantand 2"'^ respondent and in the interest of family and for the loveandaffection the 2"=' respondent have towards her husband/ the appellantherein.matteris compromised between the appellant and the2""^respondent and were living together before the Judgment of convictionpronounced by the Trial Court. In pursuance to the compromise the 2"^respondent do not want to proceed with the case any further, since thesame will disturb the family altogether. As such the 2'respondent uponaffidavit even filed compounding petition in the present appeal and boththe appellant and the 2’'^ respondent herein are filing the present JointCompromise Memo.Sincetheappellantispresentlyinjailhissignatures were obtained on the present Joint Compromise Memo byhis son by visiting the Jail. The Respondent No. 2 agreed to Compoundthe above casein the present Appeali.e. Judgment andSentencedated 12-07-2024 in S.C.No. 1/2018 on the file of the Hon'ble Special Contd/- //3//

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Judge for Trial of Offences against Women-cum-VIII[Additional]District& Sessions Judge, Nellore, against the Appellant and[she][ does]nothave any objection to quash the proceedings in the[above][ case.]

Thereforeit is prayed that this Hon’ble court may[be][ pleased][ to]Quash the Proceedingsin S.C.No. 1/2018 on the fileof the Hon'bleSpecial Judge for Trial of Offences against Women-cum-VIII[Additional]District & Sessions Judge, Nellore andto grant suchotherrelief ofrelieves as this Hon’ble court deems fit and proper[in][ the][ circumstances]of the case in the interest of justice.

Place; I4ydefat>adDate; 04-12-2024

Counsel for trre Appellant,0^

Respondent No. 2

Counsel for the 2"'* Respondent

STEa

3PSR Nellore ;; District

IN THE HON'Bb^ HIGH COURT OFANDHRA PDESH AT:AMARAmTI

CrI.A.No.457OX2Q24