The Court allowed the Criminal Petition under Section 482 Cr.P.C. to quash criminal proceedings in SCs & STs (POA) Act. The order was based on a settled compromise between the parties mediated by elders.
Quashment of proceedings in S.C. No. 93 of 2018 against accused Nos. 6 to 10.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE JUSTICE G. SRI DEVI
I.A.NOs.2 AND 3 OF 2019
IN/AND
CRIMINAL PETITION NO.1925 OF 2019
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of the proceedings in S.C.No.93 of 2018 on the file of the Special Sessions Judge for Trail of Cases under SCs & STs (POA) Act Court at Khammam. A charge sheet came to be filed against the petitioners/accused Nos.6 to 10 for the offences punishable under Sections 406, 420 and 506 read with Section 34 of the Indian Penal Code and Section 3(i)(r), 3(2)(va) of SCs. & STs (POA) Amendment Act, 2015.
During pendency of the Criminal Petition, I.A.Nos.2 and 3 of 2019 came to be filed by the second respondent to record the compromise and to compound the offences. Along with the petitions, a joint memo came to be filed, inter alia , stating that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. The said joint memo has been supported by the affidavit of the second respondent.
Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the second respondent has no objection for quashing the proceedings against the petitioners/accused Nos.6 to 10.
2
In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.Nos.2 and 3 of 2019 are ordered.
Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in S.C.No.93 of 2018 on the file of the Special Sessions Judge for Trail of Cases under SCs & STs (POA) Act Court at Khammam, against the present petitioners/accused No.6 to 10 are hereby quashed.
Miscellaneous applications, if any, pending shall stand
closed.
_________________
(G. SRI DEVI, J)
10 th July 2019
RRB
1 issue framed by the court
Whether to quash criminal proceedings against accused Nos. 6 to 10 on the file of the Special Sessions Judge at Khammam considering the post-filing compromise.
2 provisions across 2 enactments
Present Petitioners
Second Respondent
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
