THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.PETITION No.13726 OF 2010 ORDER: 1 The Station House Officer, Devarapalli P.S. registered a case in CrNo.189 of 2009 against the petitioner herein for the offences punishable under section 3 (i) (x) of ST & ST (POA) Act, 1989 on the basis of a report given by the second respondent herein and the same was taken on file as P.R.C.No.16 of 2010 by the learned II Additional Judicial Magistrate of I Class, Kovvur. 2 It appears, before the case was committed to the Court of Session, there was a compromise between the parties and the de facto complainant by name Sirra Raju agreed to withdraw the said complaint. However, as the offence falling under section 3 (i) (x) of ST & ST (POA) Act is non compoundable, the petitioner approached this court and filed the present petition invoking the jurisdiction of this court under section 482 of Cr.P.C. requesting this court to quash the said proceedings in the light of the compromise entered into between the parties. 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 witnesses including 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 P.R.C.No.16 of 2010 on the file of the II Additional Judicial Magistrate of I Class, Kovvur are hereby quashed. ___________ Sri T.G.K, J. 29th December 2010 Kvsn