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IN THE HIGH COURT OF DELHI
Chandra Dhari Singh, J.
Puran Chand Gupta - Appellant
Versus
State NCT of Delhi - Respondent
W.P.(Crl.) 2453 of 2021
Decided On : 08-03-2022




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.

Headnote:(A) Constitution of India - Article 226 - Code of Criminal Procedure, 1973 - Section 482 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - FIR registered under sections 3(1)(r) and (3)(1)(s) - Quashing of FIR sought on basis of compromise - Court finds legislative intent of SC/ST Act must be upheld to deter humiliation and harassment. (Paras 1, 4, 48)

(B) Quashing of FIR - Inherent powers - Circuitous reasoning and discretion of High Courts to quash proceedings - Compromise must not indicate coercion and must not undermine legislative intent of SC/ST Act. (Paras 28, 44)

(C) Compounding of non-compoundable offences - Distinction between non-compounding and quashing - Compounding involves consent whereas quashing seeks to prevent abuse of judicial process. (Paras 11, 19)

Facts of the case:
FIR registered under SC/ST Act against petitioners for caste-based derogatory remarks and threats - Complainant had settled grievances amicably with petitioners, stating no intention to hurt.

Findings of Court:
The SC/ST Act is to prevent humiliation and must be upheld, and the claims of compromise between parties, in this case, did not justify quashing the FIR.

Issues: Whether FIR can be quashed based on a compromise that potentially undermines the SC/ST Act’s protective intent.

Ratio Decidendi: Legislative intent of SC/ST Act critically underscores that offences against vulnerable groups require strict adherence to statutory protections, indicating that no quashing is warranted when there is a possibility of coercion in compromise.

Result: Petition dismissed.

Table of Content
1. factual basis of the fir and parties involved. (Para 1 , 2)
2. arguments for quashing based on settlement. (Para 3 , 4 , 5 , 6 , 7)
3. court's acknowledgement of parties' arguments. (Para 8 , 9)
4. legal nuances on section 482 and before scrutiny. (Para 10 , 11 , 12 , 13 , 14 , 15)
5. judiciary's caution on quashing of proceedings. (Para 16 , 17 , 18 , 19)
6. legislative intent behind sc/st act. (Para 30 , 31 , 32 , 33 , 34)
7. analysis of ramawatar case relevance. (Para 38 , 39 , 40 , 41 , 42)
8. rationale for dismissal of the petition. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49)
9. final dismissal of the petition. (Para 50 , 51 , 52)

JUDGMENT

Chandra Dhari Singh, J. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") on behalf of the petitioners praying for quashing of FIR bearing no. 729/2021 registered on 1st September 2021 at Police Station Dabri, Delhi under sections 3(1)(r) and (3)(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act").

FACTUAL MATRIX

2. As per the FIR, the prosecution story is as follows:

(a) The Complainant named Vipin Singh, S/O Phool Singh, R/O House no, D-69B, Gali No. 15, Bharat Vihar, Raja Puri, Uttam Nagar, New Delhi carries out the work of painting and tiling in homes. He received one order for tiling, in pursuance thereof he asked Anil Kumar (Petitioner No. 3) to engage his employee Jagan in the work of tiling for a total amount of Rs.23,000/-.

(b) Upon the completion of the said work, the owner of the house expressed his dissatisfaction as the same was not properly done. Out of the total amount of Rs.23,000/-, the Complainant gave Rs.15,000/- to Jagan and assured him that he will receive the balance amount of Rs.8,000/- within next two days. At this point, Jagan started arguing with the Complainant.

(c) Jagan subsequently complained about the same to Anil Kumar (Petitioner No. 3), following which on 13th September 2021 at about 6.00 pm, Anil Kumar along with Manish Sharma (Petitioner No. 2) and four other persons came, abused, and threatened the Complainant regarding the due amount.

(d) On 1st August 2021 at about 8.00 pm, the Complainant received a call from Puran Chand Gupta (Petitioner No. 1) who abused the complainant, thereafter Anil Kumar (Petitioner No. 3), Manish Sharma (Petitioner No. 2) and Puran Chand Gupta (Petitioner No. 1) passed caste-based derogatory remarks "Chamar Chuhar", abused, and threatened the complainant.

(e) The Complainant made a complaint at the Police Station, Dabri, New Delhi in this regard, however, no FIR was registered. Later, the Complainant/Respondent no.2 made a written complaint to DCP, Dwarka on the basis of which, the FIR bearing no. 729/2021 was registered on 1st September 2021 at Police Station Dabri, New Delhi under sections 3(1)(r) and (3)(1)(s) of the SC/ST Act.

SUBMISSIONS

3. Learned counsel appearing on behalf of the Petitioners submitted that the Petitioners and Complainant/Respondent No. 2 are known to each other and are neighbours. It is submitted that due to some misunderstanding the quarrel took place between them, however, there was no intention to hurt the Respondent No. 2.

4. Learned counsel further submitted that in the present case, the Respondent No. 2 has amicably settled all his grievances/disputes and differences with the Petitioners vide compromise-cum-settlement deed dated 23rd November 2021 out of his free will and without any coercion.

5. While buttressing his arguments, learned counsel has also placed reliance on the judgment of Hon'ble Supreme Court passed in Ramawatar v. State of Madhya Pradesh, Criminal Appeal No. 1393 of 2011 dated 25th October 2021, which has been dealt with subsequently.

6. Learned counsel appearing on behalf of the Complainant/Respondent No. 2 stated that he has no objection wh

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