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SHAMPA DUTT (PAUL)
Kazi Hidayatul Bari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.:
1. The present revision has been preferred praying for quashing of S.C./S.T. No. 05 of 2019, pending before the Learned Additional Sessions Judge, 1st Court, Asansol arising out of Kanksa Police Station Case No. 178/2019 dated 04.06.2019 under Sections 326/331/348/450/506/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes Act.
2. The petitioner’s case is that a petition of complaint was filed before the Court of the Learned Additional Chief Judicial Magistrate, Durgapur by the opposite party no. 2 therein alleging commission of offences against the petitioners punishable under Sections 326/331/348/450/506/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes Act. Pursuant to the direction of the Learned Additional Chief Judicial Magistrate, Durgapur, Kanksa Police Station Case No. 178/2019 dated 04.06.2019 under Sections 326/331/348/450/506/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes Act was registered for investigation.
3. The allegations leveled in the said petition of complaint are inter alia to the effect that th
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
(1) Offence under SC/ST Act, 1989 can be quashed on the ground of compromise between parties.(2) Powers of Apex Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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 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 SC/ST Act's protective legislative intent underscores that offences must not be quashed based on compromise if it risks undermining legal safeguards against caste-based discrimination.
The court ruled that allegations under the SC/ST Act must demonstrate intent to humiliate based on caste, and the second proviso of Section 14-A(3) was struck down as unconstitutional.
Point of Law : In the light of the analysis made above and as appellants have failed to point out any illegality, infirmity or perversity in the impugned order.
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