THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.P.M.P.NO.12462 OF 2010 & CRL.PETITION No.5110 OF 2009 ORDER: 1 On the basis of a report given by the 2nd respondent herein by name Budumayala Mashappa a case in Cr.No.84 of 2009 was registered by the Station House Officer, Dharoor P.S. against the petitioners herein for the offences punishable under sections 323 and 506 r/w 34 of IPC and under section 3 (i) (x) of ST & ST (POA) Act, 1989. Questioning the same the petitioners filed the present petition under section 482 of Cr.P.C. to quash the said proceedings and this court while ordering notice before admission, on 16.07.2009 granted interim stay of arrest of the petitioners. 2 Now an application in Crl.P.M.P.No.12462 of 2010 is filed stating that due to the intervention and advise of well wishers on both sides, the parties have entered into a compromise and in the light of the said settlement, the 2nd respondent who is the de facto complainant is not interested in getting the matter prosecuted and accordingly prayed for quashing the said proceedings. 3 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 he has no objection if the said proceedings against the petitioners are quashed. 4 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 3 (i) (x) of ST & ST (POA) Act 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 complainant may not support the case of the prosecution and the entire exercise would become futile. 5 In those circumstances, this Criminal Petition is allowed and the proceedings in Cr.No.84 of 2009 on the file of the Station House Officer, Dharoor P.S. registered against the petitioners for the offences punishable under sections 323 and 506 r/w 34 of IPC and under section 3 (i) (x) of ST & ST (POA) Act, 1989 are hereby quashed. ____________ Sri T.G.K, J. 28th December 2010 Kvsn