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2022 Supreme(Raj) 406

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dinesh Mehta, J.
Goverdhan Singh S/o Bharat Singh - Petitioner
Vs.
State Of Rajasthan, Through PP - Respondent
S.B. Criminal Misc(Pet.) No. 3086 of 2022
Decided On : 08-09-2022

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Devendra Singh Rathore with Mr. Prameshwar Lal
For the Respondents: Mr. M. A. Siddiqui, AAG – cum GA Mr. A. R. Malkani, Assistant G.A to AAG, Mr. Naman Mohnot

Headnote:

Indian Penal Code, 1860 – Section 504 – Criminal Procedure Code, 1973 – Section 482 –Information and Technology Act, 2000 – Section 67 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r), 3(1)(s), 3(2)(va) – Quashing proceedings First Information report – Petitioner submits that during pendency of investigation, petitioner has entered into a compromise with complainant and written compromise has been placed before Investigating Officer, pursuant to direction given by this Court, who has verified same – Held, Court’s power to quash proceedings/FIR (in exercise of powers under Section 482 of Code of Criminal Procedure) is concerned, in cases where parties have entered into compromise in the cases involving offences under provisions of SC/ST Act – Only caution which is to be borne in mind is, that compromise must be with free will – It is to be noted that petitioner and complainant have appeared before Investigating Officer, who has sent his factual report indicating that parties have arrived at a compromise and same was executed without any undue influence – In view of aforesaid legal position and considering submissions made on behalf of respective parties and in light of judgment of Hon’ble Supreme Court in case (supra), FIR is liable to be quashed in face of compromise between parties although offences are not compoundable – Ordered Accordingly.

ORDER :

1. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioner has approached this Court with a prayer to quash the FIR No.73/2022 registered at Police Station Sandwa, District Churu seeking petitioner’s prosecution for the offences punishable under Section 504 of IPC, Section 67 of Information and Technology Act, 2000 and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Learned counsel for the petitioner submits that during pendency of the investigation, the petitioner has entered into a compromise with the complainant and the written compromise has been placed before the Investigating Officer, pursuant to direction given by this Court on 11.07.2022, who has verified the same.

3. Learned counsel for the complainant while accepting the factum of compromise submits that the complainant has no objection if the FIR in question is quashed.

4. Learned Public Prosecutor submits that since the FIR has been registered under the provisions of SC/ST Act, the same cannot be quashed on the basis of compromise. He, however, accepts the factum of compromise having been entered into without coercion and duress.

5. In order to support his contention that FIR/proceedings under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC/ST Act’) can be quashed, learned counsel for the petitioner invites Court’s attention towards the order dated 25.10.2021 passed by Hon’ble Supreme Court in the case of Ramawatar Vs. State of Madhya Pradesh reported in AIR 2021 SC 5228.

6. In the above referred case of Ramawatar (supra), Hon’ble the Supreme Court has observed thus :

    “12. In view of the settled proposition of law, we affirm the decision of this Court in Ramgopal (Supra) and reiterate that the powers of this Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a voluntary compromise between the complainant/victim and the accused.

13. We, however, put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in postconviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain finality till the accused has exhausted his/her legal remedies and the finality is subjudice before an appellate court. The pendency of legal proceedings, be that may before the final Court, is sine qua non to involve the superior court’s plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings on the basis of a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining an indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. We have already clarified that the purpose of these extraordinary powers is not to incentivise any hollow hearted agreements between the accused and the victim but to do complete justice by effecting genuine settlement(s).

14. With respect to the second question before us, it must be noted that ven though the powers of this Court under Article 142 are wide and far reaching, the same cannot be exercised in a vacuum. True it is that ordinary statutes or any restrictions contained therein, cannot be constructed as a limitation on the Court’s power to do “complete justice”. However, this is not to say that this Court can altogether ignore the statutory provisions or other express prohibitions in law. In fact, the Court is obligated to take note of the relevant laws and will have to regulate the use of its power and discretion accordingly. The Constitution Bench decision in the case of Supreme Court Bar Assn. v. Union of India & Anr. has eloquently clarified this point as follows :

“48. The Supreme Co

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