CRLP/13723/2010 of Vijay Kumar , Rohit, Vs Bandari Shiva Kumar, on 31 December 2010

ORDER:

1 On the basis of the report given by the first respondent herein,Mahankali police, Secunderabad registered as a case in Cr.No.338 of2010 against the petitioner for the offence punishable under section 3 (i)(x) of S.C & S.T. (POA) Act.

2 However, after registration of the said crime, it appears, thepetitioner and the de facto complainant entered into a compromise and inview of the said compromise arrived at between the parties, the petitionerfiled the present petition under section 482 of Cr.P.C stating that thecomplainant agreed to withdraw the said case in the light of the saidcompromise entered into between them, and requested this court toquash the said proceedings.

3 Today parties are present. When questioned the first respondentby name Bandari Shiva Kumar stated that the matter is settled out of courtand that he is not interested in getting the matter prosecuted. He furthersubmitted that he has no objection if the said proceedings against thepetitioner are quashed.

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 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.338 of 2010 on the file of the Station House Officer, Mahankali P.S.Secunderabad pending against the petitioner are hereby quashed.

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SriT.G.K, J.

31.12.2010Kvsn