The petitioners have come up with a prayer to quash Annexure 1 proceedings against the petitioners, which is presently pending as S.C. No.114 of 2014 before the Sessions Court, Pathanamthitta. 2. The final report has been filed through Annexure 1 against accused Nos.1 to 3, by alleging offence under Sections 376 and 420 of the Indian Penal Code read with Section 34 of the Indian Penal Code and Section 3(1)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). Accused Nos.2 and 3 are the present petitioners herein. It seems that even in the final report, specifically the offence under Section 376 and Section 3(1)(XI) of the Act, have been alleged against the first accused alone. By alleging that the Crl.M.C.4745 of 2014 2 petitioners had obtained an amount of ₹43,000/- from the de-facto complainant by making a false representation, it is alleged that the petitioners have committed cheating, thereby they were arraigned as accused in the final report and consequently in the Sessions case, for having committed the offence under Section 420 of the Indian Penal Code read with Section 34 of the Indian Penal Code.
3. Presently, the matter relating to the offence under Section 420 of the Indian Penal Code, has been settled in between the de- facto complainant and the petitioners herein, and an amount of ₹45,000/- has been returned by the petitioners to the de-facto complainant. In fact, in a case like this, the Investigating Officer ought to have filed a separate charge against the petitioners herein. Instead of it, the same was also unnecessarily tagged along with other offences under Section 376 of the Indian Penal Code and Section 3(1)(XI) of the Act.
4. On hearing the submissions made by the learned counsel Crl.M.C.4745 of 2014 3 for the petitioners, the learned counsel for the de-facto complainant and the learned senior Public Prosecutor, I am of the view that the proceedings against these petitioners alone can be quashed.
In the result, Annexure 1 final report, so far as it relates to the present petitioners is concerned and that part of the Sessions case S.C.No.114 of 2014 of Sessions Court, Pathanamthitta, which relates to the petitioners herein, and are quashed. The proceedings against the first accused shall continue.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge