The court can quash proceedings under Section 482 CrPC based on a voluntary compromise, balancing the objectives of the SC/ST Act with the nature of the offence.

ORDER :

(B.S. Bhanumathi, J.)

1. The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, ('the CrPC) is filed to record the compromise and seeking to quash the proceedings in Spl.S.C.No.107 of 2018 on the file of the V Additional District and Sessions Judge-cum-Special Judge for trial of Offences under SC and STs (POA) Act, Nellore.

2. The facts in the present case are briefly as follows:

Thirumalasetti Adivaiah is working as tractor driver with the accused. On 08.08.2018, he accepted the request of another tractor driver to transport gravel dust. While so doing, to reach rice go-down situated opposite to Government College, at about 12 noon, the accused followed him, stopped his car, and asked LW1 to get into the car. When the accused got into the car, the accused abused him in filthy language in the name of his caste. The accused also slapped on the left cheek with his right hand and pressed with his hand on his chest on the ground that he joined as driver without intimating him. Basing on the statement of LW1, a case in Crime No.212 of 2018 for the offences punishable under Sections 341, 323 IPC and Section 3(l)(r)(s) of SCs/STs (POA) Act, was registered by Gudur II Town Police and after investigation, charge sheet has been filed against the accused.

3. Pending the criminal petition, I.A.Nos. 2 & 3 of 2024 are filed by the petitioner/accused under Sections 320(2) and 320 (6) CrPC, requesting to permit the parties to compound the offence and to record the compromise between the parties and consequently to quash the proceedings in Spl.S.C.No.107 of 2018 on the file of the V Additional District and Sessions Judge-cum-Special Judge for trial of Offences under SC and STs (POA) Act, Nellore.

4. When the matter was taken up, petitioner and the second respondent/de facto complainant are present. Learned counsel for the petitioner is present. The learned Assistant Public Prosecutor representing R-1/State is present. H.C.(1897), Gudur II Town Police Station, Nellore District is present and identified the parties. That apart, they are identified with their original Adhar cards, photostat copies of which were already filed.

5. Both parties submitted that due to the intervention of the elders, the matter is amicably settled and that they voluntarily settled the issue. The second respondent/de facto complainant expressed that there is no objection to quash the case against the petitioner/accused.

6. The terms of compromise are reduced into writing in the form of a joint memorandum of compromise, which is signed by the parties and their counsels. The contents of the joint memo read as follows:

"1. I submit that basing on my report, a case in Crime No.212 of 2018 was registered by the 1st respondent against the petitioner for the offences punishable under sections 341, 323 IPC and Sections 3(l)(r), 3(l)(s) of SC & ST (POA) Act. The 1st respondent police filed charge sheet and the same was taken on file vide Spl.S.C.No.107 of 2018 on the file of the V Additional District and Sessions Judge-cum-Special Judge for trial of Offences under SC and STs (POA) Act, 1989 Nellore. The above criminal petition is filed seeking to quash the proceedings in Spl.S.C.No.107 of 2018 on the file of the V Additional District and Sessions Judge-cum-Special Judge for trial of Offences under SC and STs (POA) Act, 1989 Nellore.

2. It is respectfully submitted that the petitioner/accused and 2nd respondent compromised at the intervention of the elders and well wishers of both the parties with an understanding that all of them shall live peacefully without an disputes or enmity between them. Accordingly, all of them are living peacefully and the 2nd respondent is not interested in prosecuting the case against petitioner herein."

7. The learned Assistant Public Prosecutor submitted to pass appropriate orders in view of the peculiar circumstances and facts in the present case. He placed reliance on the decision of the Hon'ble Apex Court in the case of Ra