THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.PETITION No.13720 OF 2010 ORDER: 1 On the basis of a report given by the 2nd respondent herein by name Ramineni Suresh Chandra, who is none other than the father of the first petitioner herein, a case in Cr.No.496 of 2010 was registered by the Station House Officer, Gajuwaka P.S. against the petitioners herein for the offences punishable under sections 307 and 506 r/w 34 of IPC on 28.09.2010. After investigation the police filed the charge sheet and the same was taken on file as P.R.C.No.46 of 2010 by the learned III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam. When the matter is thus pending, it appears there was a settlement between the father and the son i.e. first petitioner herein and in the light of the said settlement effected by the elders of the village, the father agreed to withdraw the said complaint given by him to the police. 2 Today the parties are present. When questioned the 2nd respondent submitted that the matter is settled out of court and hence he is not interested in getting the matter prosecuted. He further submitted that though initially he gave the said report against his son, but because of the repentance he agreed to withdraw the said case and he has no objection if the said proceedings against the petitioners are quashed. 3 Having regard to the fact that the 2nd respondent himself came forward stating that he is not interested in getting the matter prosecuted, though the offence punishable under section 307 of IPC is non compoundable, this court is of the view that it is not desirable to continue the said proceedings for the reason that when once the parties have entered into compromise, ultimately, during the course of trial, the witnesses including the complainant may not support the case of the prosecution and the entire exercise would become futile. 4 In those circumstances, this Criminal Petition is allowed and the proceedings in P.R.C.No.46 of 2010 on the file of the court of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam registered against the petitioners for the offences punishable under sections 307 and 506 r/w 34 of IPC are hereby quashed. ____________ Sri T.G.K, J. 29th December 2010 Kvsn