APHC010504082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 IN/AND CRIMINAL PETITION NO: 9948/2025 Between: THUPAKULA VENKATESWARLU, S/O CHENNAIAH, AGED ABOUT 44 YEARS, R/O D.NO. 2-231, NEAR MILK CENTER, MAIN ROAD, NAGAMBHOTLAPALEM VILLAGE, THALLUR MANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY SUB DIVISIONAL POLICE OFFICER, DARSI, PRAKASAM DISTRICT (CR. NO. 130 OF 2022 OFTHALLURU P.S) THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. GUDIMETLA ELISHA BABU, S/O KOTESWARA RAO, AGED 27 YEARS, R/O D.NO. 1-76, MAIN ROAD, SC COLONY, DOSAKAYALAPADU, THALLUR, PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. ALLA RAMA KRISHNA The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner / Accused, seeking to quash the proceedings against him in 2 Spl.S.C.No.58 of 2023 on the file of the Court of Special Judge for SCs and STs (PoA) Act-cum-VII Additional District and Sessions Judge, Ongole for the offences under Sections 420, 323 and 506 of Indian Penal Code (for short ‘IPC’) and Section 3(1)(r)(s), 3(2)(va) of SCs & STs (PoA) Act, 1989 (for short ‘SCST Act’). 2. I.A.Nos.1 and 2 of 2025 are filed by Respondent No.2 seeking permission to compound the offences and to record the compromise between him and the Petitioner / Accused. 3. Petitioner / Accused and Respondent No.2 appeared before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 4. Both parties would submit that they came to an amicable settlement for withdrawal of the case in Spl.S.C.No.58 of 2023 on the file of the Court of Special Judge for SCs and STs (PoA) Act-cum-VII Additional District and Sessions Judge, Ongole pending between them and a Joint Memo is also filed to that effect. Respondent No.2 submits that, at the intervention of elders, in order to maintain cordial relationship with the Accused, the matter has been settled between the parties. As such, he does not want to prosecute the matter, and hence, the case against the Petitioner may be closed. 3 Object of granting compensation to the victims in criminal cases immediately after registering FIR: 5. In the case on hand, Respondent No.2 / De facto complainant, being a Scheduled Caste person and the victim of the offence under the provisions of SCST (PoA) Act, was granted compensation of Rs.48,000/- by the Government. The main object of granting compensation to the victims in criminal cases is to provide immediate relief and long-term rehabilitation, ensuring that victims of atrocities receive financial assistance for their losses and to help them rebuild their lives. The victim, who received the said compensation, shall cooperate with the investigating agency and prosecute the matter by giving evidence before the Court of Law, without being influenced by the persons relating to the said crime. The judicial obligation that rests on the victims who got compensation under the provisions of SCST (PoA) Act is to repay the compensation to the State exchequer if the case is later settled through compromise. In the present case, Respondent No.2 has not prosecuted the matter by giving evidence before the Court and is intending to compromise the matter with the Accused. Be that as it may, Respondent No.2 also expressed his willingness to return the compensation of Rs.48,000/- which was received from the Government. 4 6. Considering the submissions, in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another1, in view of the compromise entered into between the parties, since there is an amicable settlement between them, I.A.Nos.1 and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioner / Accused in Spl.S.C.No.58 of 2023 on the file of the Court of Special Judge for SCs and STs (PoA) Act-cum-VII Additional District and Sessions Judge, Ongole for the offences under Sections 420, 323 and 506 IPC and Section 3 (1) (r) (s), 3(2)(va) of SCST Act, is hereby quashed, subject to return of the compensation received by Respondent No.2 / De facto complainant from the Government, within one week from the date of receipt of copy of this order. Office is directed to send a copy of this Order to the concerned District Collector for taking necessary steps. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:23.09.2025 Dinesh 1 2012(10)SCC 303 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 IN/AND CRIMINAL PETITION No. 9948/2025 Dt.23.09.2025 Dinesh