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SHAMPA DUTT (PAUL)
Mohini Biswas – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revisional application has been preferred praying for quashing of proceeding in Special Case No. 25/22 pending before the learned Additional Sessions Judge, 1st Court, Barasat, North 24-Parganas and the Charge Sheet being No. 292/22 dated 2/5/2022 under Section 323/341/506/34 of the Indian Penal Code, 1860 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 arising out of Titagarh P.S. Case No. 172/22 dated 5.3.2022 under Section 341/323/325/379/34 of the Indian Penal Code, 1860 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The petitioner’s case is that she is the third wife of Ranajit Das. The complainant herein being the opposite party no. 2 is the first wife of the said Ranajit Das.
3. The present case has been initiated by the first wife of the Ranajit Das wherein it has been alleged as follows:
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.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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....
(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 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 High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
The court can quash criminal proceedings based on a compromise between the parties, especially in cases where the allegations could not be established and the continuance of the proceedings would be ....
The court can quash proceedings under Section 482 CrPC based on a voluntary compromise, balancing the objectives of the SC/ST Act with the nature of the offence.
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