GADDEPPA Vs. MALLAMMA AND ORS.

JUDGEMENT

(1.) PETITIONER and respondent No. 1 are present. Learned counsel for the petitioner and learned counsel for respondent No. 1 are also present. They have presented a joint memo by way of compromise under Section 482 of Cr.P.C., seeking permission to compound the offences punishable under Sections 498 -A, 323, 326 and 504 of IPC, for which offences the petitioner was convicted and sentenced to undergo imprisonment in C.C. No. 13/2009 vide judgment dated 15.04.2014 on the file of JMFC, Lingasugur. The said judgment of conviction and sentence is challenged before the Principal District and Sessions Judge, Raichur, in Criminal Appeal No. 22/2014 and the same is pending.

(2.) THE petitioner has sought for quashing of the said criminal appeal pending before the District and Sessions Judge, Raichur and consequently, permit the parties to compound the offences as noted above.

(3.) THE provision under Section 320(5) of Cr.P.C., in fact is available even to the cases where the cases are pending before the appellate Court. Section 320(5) of Cr.P.C., reads as follows: