Settlement between victim and accused can lead to quashing of proceedings for non-heinous offences under the SC/ST Act.

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 , by the accused Nos.1 to 4 in Crime No.131 of 2018 of Arekode Police Station, Malappuram, which is pending as SC No.812/2018 of the Special Court for Trial of Offences under SC/ST (Prevention of Atrocities Act) Cases, Manjeri. The offences alleged against the petitioners are under Sections 341 , 323, 354 read with 34 of the Indian Penal Code and under Section 3 (1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988 .

2. The prosecution case is that, on 24.05.2018 at about 10.00 a.m, the accused persons who are not members of the Scheduled caste/Scheduled Tribe, wrongfully restrained the defacto complainant, who is a member of the Scheduled Caste community, abused her in filthy words, caught-hold on her hands and outraged her modesty and thereby they alleged to have committed the aforesaid offences. It is also alleged that when CW1, 2, 5 and 6 intervened, the accused persons voluntarily caused hurt to them also. During the pendency of this case, CW2 is no more.

3. According to the petitioners, the dispute has been settled with the defacto complainant and victim/ respondent Nos.3 and 4 and all of them agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.

4. The Defacto complainant/victim/respondents Nos.3 to 4 filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed.

They have no further grievance against the petitioners.

5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victims are not interested in continuing the prosecution against the petitioners.

6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between them and also to prevent abuse of process of the court.

In the result, This Crl. M.C is allowed. All further proceedings against the petitioners in SC No.812/2018 of the Special Court for Trial of Offences under SC/ST (Prevention of Atrocities Act) Cases, Manjeri arising from Crime No.131/2018 of Arekode Police Station, Malappuram, stands quashed under Section 482 of Cr.P.C .