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 Act), 1989 (in short 'SC/ST Act') read with Section 34 of the Indian Penal Code, 1860 (in short 'I.P.C.'). The Appellant and his co-Accused were subsequently tried, which led to the Appellant's conviction Under Section 3(1)(x) of the SC/ST Act and consequential sentence of six months rigorous imprisonment and fine of Rs. 1000/-. The Appellant challenged his conviction and sentence before the High Court of Madhya Pradesh, Jabalpur Bench but his appeal was dismissed vide the impugned judgment dated 02.08.2010. Brief Facts:

2. Ramawatar (Appellant) and Prembai (Complainant), who are neighbours and live in adjoining houses, were entangled in a property dispute with respect to a portion of land over which Prembai's house was built. On 25.06.1994, Ramawatar and his brother Katulal @ Kuddu (Co-Accused) broke down a wall to make a door that opened into the house of Prembai. When this was resisted by her, a quarrel ensued between the parties and the Appellant threw a brick at the Complainant. Thereafter, this incident was reported and a complaint was lodged at Police Station, Devendra Nagar on the same date itself, and an M.L.C. was also performed. Since the nature of the injury was simple, and the offence was found non-cognizable, the Police took no further steps. On the following day, i.e., 26.06.1994, when the Complainant was sitting in front of her residence, the Appellant and his brother appeared at the scene. They were visibly enraged by the fact that Prembai had lodged an F.I.R. against them. They started abusing her with repeated reference to her caste whilst also threatening her of dire consequences. After that, the Complainant and her husband Chotelal reported this incident before the Harijan Welfare Police Station, and the subject-F.I.R. under the SC/ST Act was lodged against the Accused.

3. The investigation commenced in light of the afore-stated facts. Upon collection of substantial evidence, Appellant and co-Accused were committed to trial Under Section 3(1)(x) of the SC/ST Act read with Section 34 of the Indian Penal Code.

4. The Trial Court noted that the Complainant belonged to the 'Prajapati' community which is a Scheduled Caste. It was also observed that the parties had candidly admitted to a pending property dispute between them. The Trial Court further discerned that the prosecution witnesses had, by and large, supported the version of the Complainant and had indubitably substantiated that Ramawatar and Kuddu used deprecatory language upon the Complainant. It was found that the Appellant had made specific reference to the Complainant's caste escorted by the intent to insult her. The actions of the Appellant & co-Accused Kuddu were thus held to be in contravention of Section 3(1)(x) of the SC/ST Act read with Section 34 Indian Penal Code. The