Petitioner sought to quash proceedings under Section 482 Cr.P.C. for offences including IPC sections and Prevention of Atrocities Act. Court held allegations show a non-compoundable offence; compromise cannot be ground for quashing. Petition dismissed.
Criminal Petition under Section 482 Cr.P.C. seeking quashal of FIR proceedings is dismissed.
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THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1775 of 2012
ORDER:
This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C., seeking to quash the proceedings in F.I.R.No.16 of 2012 of Neredmet P.S., Cyberabad, registered for the offences punishable under Sections 509, 506 IPC and Section 3(1)(xi) of the S.Cs and S.Ts (Prevention of Atrocities) Act,1989.
2. Heard.
3. The case of the prosecution is that when the defactocomplainant was getting bore-well dug in her house, one Shyam Reddy who resides in front of her house came to her house and told her that since she is getting a borewell dug, she has to provide water free of cost to him daily, and that as her husband is not with her, if she comes along with him he would not ask for bore water or anything otherwise threatened to close the bore well and also called her as ‘Madiga Munda’ and ‘Madiga Lanja’ and started attacking her, and also stated that they should listen whatever he says, otherwise he would subject them to inconvenience.
4. The learned counsel for the petitioner contended that
both parties are compromised the matter and therefore, he prays to quash the impugned proceedings.
5. The petitioner and the 2nd respondent/defactocomplainant are present and stated that the matter has been compromised. Inherent powers of this Court under Section 482 Cr.P.C can be invoked or exercised to prevent abuse of process of court, or to secure the ends of justice, or to carry out orders passed under the Code. If the un-controverted allegations in the complaint made out a prima facie case for the offences alleged, the question of quashing the proceedings does not arise. Under Section 3(1)(xi) of the Act, whoever, not being a member of Scheduled Caste or a Scheduled Tribe, assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty.
6. The allegations in the complaint would clearly go to show that the petitioner used criminal force and abused the defacto-complainant in the name of her caste with an intention to dishonour her. Therefore, prima facie case for the offences alleged is made out. When the allegations in the complaint made out a congnizable offence, then it is the statutory duty of police to conduct the investigation. There are no grounds to quash the impugned proceedings. Compromise can not be recorded exercising the powers under Section 482 Cr.P.C where
the offence is not compoundable.
7. Accordingly, the Criminal Petition is dismissed.
8. Criminal Miscellaneous Petitions, if any, shall stand dismissed.
_______________ K.C. BHANU,J
15th February, 2012 GK
THE HON’BLE SRI JUSTICE K.C. BHANU
CRIMINAL PETITION No.1775 of 2012
Date: 15.02.2012
Gk
1 issue framed by the court
Whether the criminal proceedings can be quashed under Section 482 Cr.P.C. where the allegations make out a prima facie case for a non-compoundable offence and even if the parties have compromised the
3 provisions across 3 enactments
Petitioner
Defacto-complainant
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
