INDIGAMILLI VENKATESHWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Criminal Procedure Code to quash the sentence imposed in CC No.70/99 on the file of Judicial First Class Magistrate, Alamuru for offences under Sections 324 and 498-A IPC and for such other appropriate orders.

(2.) The petitioners in this Criminal Petition are identified by their Counsel Sri I. Nagesh and also a common relative of the petitioners Ms. Ratnamani. It is stated that the 2nd petitioner herein gave a complaint to Police Mandapeta and Crime No,210/98 was registered by the police and subsequent thereto the same was numbered as CC No.70/ 99 on the file of Judicial First Class Magistrate, Alamuru and after trial, the Trial Court acquitted A2 to A4 finding them not guilty, but convicted the 1st petitioner - A1, for the offences under Sections 324 and 498-A and sentenced to pay a fine of Rs.300/- for the offence punishable under Section 324 IPC., in default to undergo simple imprisonment for two months and also to undergo rigorous imprisonment for one year with a fine of Rs.500/- for the offence under Section 498-A IPC, in default to undergo simple imprisonment for three months. It is further stated that the 1st petitioner had paid the fine amount and as against the said judgment, the 1st petitioner had preferred Crl. A No.294/2000 on the file of Principal District and Sessions Judge, Rajahmundry. It is further stated that the 1st petitioner and the 2nd petitioner (PW2 - LW2) are living together happily since about one year at Alamuru and in the said circumstances LW2 intends to withdraw the complaint against the 1 st petitioner as they had entered into a compromise and are living happily, and if the conviction is not set aside they will be put to great injustice and hardship. In the said circumstances, the present Criminal Petition is filed for the reliefs referred to supra.

(3.) Sri I. Nagesh, the learned Counsel representing the petitioners had submitted that inasmuch as the petitioners are living happily as husband and wife, the conviction made in CC.No.70/99 is causing unhappiness and also mental agony to the parties in the matrimonial home. The learned Counsel also had submitted that this Court alone can exercise the power to quash the same in view of the judgment of the Division Bench in D. Chanda Papa Rao and others v. State, 2002 (1) ALD (Crl) 519 (AP).