Telangana High Court
CRLP/10346/2010 of G.Madan Mohan Vs State of Andhra Pradesh, on 30 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.10346 OF 2010 ORDER: 1 On the basis of the report given by the fourth respondent Dabeerpura police registered as a case in Cr.No.172 of 2010 against the petitioner for the offences punishable under sections 448 and 506 of IPC and under
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION NO.10346 OF 2010
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ORDER:
1 On the basis of the report given by the fourth respondentDabeerpura police registered as a case in Cr.No.172 of 2010 against thepetitioner for the offences punishable under sections 448 and 506 of IPCand under section 3 of S.C & S.T. (POA) Act on 04.10.2010. Questioningthe said proceedings the petitioners filed the present petition undersection 482 of Cr.P.C and this court was pleased to grant interim stay fora period of one week on 22.10.2010.
2 During the pendency of the said proceedings, it appears, therewas a settlement between the parties at the intervention of the elders andin the light of the said settlement, the fourth respondent gave an affidavitstating that he is not interested in getting the matter prosecuted.
3 Today parties are present. When questioned the fourth respondentby name B. Prakasam stated that the matter is settled out of court and thathe is not interested in getting the matter prosecuted. He further submittedthat he has no objection if the said proceedings against the petitioner arequashed.
4 The offence alleged against the petitioner is under the provisionsof the S.C & S.T (POA) Act, which is non compoundable and the courts innormal circumstances shall not compound the said offence. But,however, as the complainant herself appeared before this court andstated that he is not interested in getting the matter prosecuted, this courtis of the opinion that the said proceedings pending against the petitionercan be quashed because even if the said proceedings are allowed to becontinued, ultimately, the witnesses including the fourth respondentherein who is the de facto complainant may not support of the case of theprosecution during the course of trial and the entire exercise wouldbecome futile in view of the settlement arrived at between the parties.
5 Accordingly, this petition is allowed and the proceedings inCr.No.172 of 2010 on the file of the Station House Officer, DabeerpuraP.S. Hyderabad pending against the petitioner are hereby quashed.
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Sri
T.G.K, J.
30.12.2010Kvsn