HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.678 OF 2010 ORDER: This criminal petition is filed by the petitioners-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in P.R.C.No.32 of 2009 on the file of the Addl. Judicial Magistrate of First Class, Srikakulam, Srikakulam District, for the offences punishable under Section 323 IPC and Section 3(1)(x) of the S.C. & S.T. (POA) Act, 1989. It is submitted by the learned counsel for the petitioners as well as the learned counsel for the 1st respondent-defacto complainant that during pendency of the criminal petition, the matter is settled out of Court amicably between the parties and therefore prayed to quash the proceedings in the aforesaid P.R.C. The petitioners and the 1st respondent are present before this Court. The 1st respondent produced her identity and the same is verified by the learned Additional Public Prosecutor. She stated that upon the advice of the elders and well-wishers, herself and the petitioners have compromised the matter amicably and therefore she intends to withdraw the criminal proceedings pending against the petitioners before the Court. She also stated that in this connection, she filed a counter affidavit before this Court, which runs as follows: “I am the defacto complainant in Cr.No.15 of 2009 of II Town P.S., Srikakulam which was numbered as P.R.C.No.32 of 2009 on the file of the Addl. Judicial First Class Magistrate at Srikakulam and pending for trial of the petitioners herein who are the accused in the said Crime for the offence under Section 3(1)(x) of the S.C. & S.T. (POA) Act, 1989 and Section 323 of IPC. The accused are our neighbours who started construction of additional floors on the existing building and while the construction was going on, due to lack of protective covers, some particles of construction material like brick pieces and stones have fallen on our house. When we questioned, some altercation took place and the same led to a tussle/quarrel between me and the petitioners. Because of the hurt, on 02.02.2009 I reported the whole episode to the police. Basing on the said report, the II Town Police Station, Srikakulam registered the above said FIR and took up investigation. After investigation, the police filed charge sheet which is pending as P.R.C.No.32 of 2009. The petitioners herein have filed the above criminal petition to quash the proceedings in P.R.C.No.32 of 2009 and during pendency of the above petition, due to repentance of the petitioners and upon the advice of the well wishers and elders of the locality we have compromised since we are neighbours living in our respective own houses and to lead amicable and peaceful life, I wanted to withdraw the above case filed against the petitioners. Since one of the offences being non-compoundable in nature, I failed to do the same. I have no objection if this Hon’ble Court pleased and allows the above criminal petition using its inherent powers under Section 482 Cr.P.C. I have taken this decision voluntarily and there is no threat/coercion and also collusion whatsoever.” The learned Addl. Public Prosecutor submitted that there is no objection to quash the Crime inasmuch as both the parties settled the matter amicably. In view of the settlement arrived at between the parties, this Court is of the view that the proceedings in the P.R.C. can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in P.R.C.No.32 of 2009 on the file of the Addl. Judicial Magistrate of First Class, Srikakulam, Srikakulam District, are hereby quashed. __________________ RAJA ELANGO, J 4th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.678 OF 2010 (Allowed) 4th August, 2010 CBS