THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.895 OF 2011 ORDER: 1 Basing on the report given by the second respondent herein the Station House Officer, Bomraspet P.S. Mahabubnagar District registered a case in Cr.No.90 of 2010 against the petitioners herein for the offence punishable under sections 353 and 323 r/w 34 of IPC. The same is questioned in this petition. 2 It, appears, during the pendency of the said proceedings, there was a settlement between the parties and in the light of the said compromise arrived at between the parties, the parties are present before the court today. When questioned the second respondent - complainant stated that the matter is settled out of court and that he further stated that he is not interested in getting the matter prosecuted and that he has no objection if the said proceedings against the petitioners are quashed. 3 In the light of the said submissions made by the de facto complainant himself that he is not interested in getting the matter prosecuted, this court is of the opinion that though the offence punishable under section 353 of IPC is non compoundable, the said proceedings pending against the petitioners can be quashed, because, even if the said proceedings are not quashed, during the course of trial, the witnesses including the de facto complainant may not support the case of the prosecution in view of the compromise entered into between them. In those circumstances, the entire exercise will become futile. 4 For the above reasons, this Criminal Petition is allowed and the proceedings in Cr.No.90 of 2010 on the file of the Station House Officer, Bomraspet P.S. Mahabubnagar District registered for the offence punishable under sections 353 and 323 r/w 34 of IPC are hereby quashed. -------------- 21.01.2011 Kvsn