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B. S. BHANUMATHI
Pitti Naga Raju – Appellant
Versus
State of Andhra Pradesh – Respondent
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
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.
The main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
The main legal point established in the judgment is the court's inherent power under Section 482 CrPC to prevent an abuse of the process of law and secure the ends of justice, especially in cases whe....
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
A redundant criminal prosecution cannot be allowed to continue.
The court can quash proceedings under Section 482 of Cr.P.C. in cases involving offences under the provisions of SC/ST Act based on a genuine compromise between the parties, as established by the leg....
The court emphasized the need to be extremely circumspect in exercising the extraordinary jurisdiction to quash criminal proceedings under the SC/ST Act and held that the legislative intent of the Ac....
The High Court possesses the inherent power to quash criminal proceedings under Section 482 CrPC when parties reach a compromise, even in cases involving non-compoundable offences.
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