Chain Dan vs State - 2022 Supreme(Raj) 577

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 577

PUSHPENDRA SINGH BHATI
Chain Dan – Appellant
Versus
State – Respondent

Advocates Appeared:
For the Appellant :Mr. Praveen Vyas for Mr. Vineet Jain, Sr. Advocate.
For the Respondent: Mr. Mukesh Trivedi, P.P., Mr. P.S. Balot.

ORDER :

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. Counsel for the appellant as well as counsel for the complainant jointly submit that the parties have entered into compromise and, thus, the sentence of six months’ rigorous imprisonment under Section 3(1)(5) of SC/ST Act; three months’ rigorous imprisonment & six months’ rigorous imprisonment respectively under Sections 447 and 427 IPC, be set aside.

3. Counsel for the parties have relied upon judgment of Hon’ble Apex Court in Ramawatar Vs. State of Madhya Pradesh reported in LL 2021 SC 589; which relevant reads as follows :-

“1. A civil dispute over the ownership and possessory rights of a piece of land between the Appellant and his neighbour Prembai took an ugly turn when the Appellant allegedly not only threw a brick on the Complainant but also made filthy and slur remarks on her caste, which prompted the Complainant to lodge FIR No. 18/94 at Police Station O.E. Panna Under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities A