K.Srinivas Sarma, Guntur, Guntur District v. The State Of A.P., Rep.By Pp., High Court, Hyderabad And ANR
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Criminal Petition No.8334 of 2011 ORDER:
The de facto complaint and his counsel Sri Praveen Kumar are present. Accused and his counsel Sri N.Srihari are present and they are identified by their respective counsel. 2) Heard both sides and perused the petition.
3) The defacto lodged a complaint with the police stating that on 29.06.2010 while he was attending the work of preparation of cause list, the accused came to his room and enquired about the cause list. When the accused replied that he was preparing the cause list, the accused scolded him in the name of his caste. Basing on the said compliant the police of Nagarapalem L&O PS registered a case in Cr.No.156 of 2010 under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and after investigation filed charge sheet. The case was taken cognizance and registered as S.C.No.47 of 2011.
Hence, the accused filed the instant Criminal Petition to quash the proceedings against him.
5) When the matter is pending, both the parties filed I.A.No.1 of 2018 under Section 320(2) Cr.P.C. seeking permission to compound the offence and this Court by its order dated 06.08.2018 for the
reasons mentioned therein, accorded permission to compound the offence.
6) Admittedly, both defacto complainant and accused are working in the same Court and every day they have to work together in a harmonious manner for effective functioning of the Court. The dispute appears to have arisen out of a trivial issue and it is not a grave offence like murder, rape and dacoity etc. and it has no severe impact on the society.
7) In that view of the matter and as the parties have amicably resolved their disputes at the intervention of elders and also following the decision reported in Gian Singh v. State of Punjab and another1, this petition is allowed and the proceedings in S.C.No.47 of 2011 on the file of Special Sessions Judge under SC and ST (POA) Act-cum-IV Additional Sessions Judge, Guntur are quashed against the petitioner and he is acquitted of the offence for which he has been charged.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J Date: 09.08.2018 Murthy 1 (2012) 10 SCC 303