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DINESH MEHTA
Rajiv Shah – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dinesh Mehta, J. - By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the proceedings in Sessions Case No. 89/2021 pending before the Court of Special Judge SC/ST (Prevention of Atrocities Cases), Udaipur seeking petitioners' prosecution for the offences punishable under Sections 323, 504, 506 & 452 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act').
2. The brief facts are that on the First Information Report lodged by the complainant-respondent, after investigation charge-sheet for the aforesaid offences was filed against the accused-petitioners and on that basis above said criminal proceedings in Case No. 89/2021 were initiated.
3. During the trial, both the parties filed an application under Section 320 of Cr.P.C. to permit compounding of the aforesaid offences.
4. The trial Court partly allowed the application and permitted to compound the offences under Sections 323, 504 & 506 of IPC vide order dated 22.08.2022 but the prayer in respect
The court can quash proceedings under Section 482 of Cr.P.C. in cases involving offences under the provisions of SC/ST Act based on a genuine compromise between the parties, as established by the leg....
The court emphasized the importance of considering the underlying objective of the SC/ST Act and the need for caution when exercising the power to quash proceedings under Section 482 of the Code of C....
The court has the power to quash proceedings/FIR in cases involving offences under the provisions of SC/ST Act based on a compromise, provided the compromise is with free will, and the court consider....
The court can exercise its powers to quash the proceedings/FIR under the SC/ST Act if the compromise between the parties is with free will and if the underlying objective of the Act would not be cont....
The Court has the power to quash proceedings under the SC/ST Act based on a genuine compromise, even for non-compoundable offences, as affirmed by the Supreme Court in the case of Ramawatar.
The court may quash FIRs under the SC/ST Act based on voluntary compromise, provided the act's objectives are not undermined.
The Court can quash proceedings under the SC/ST Act based on a compromise if it does not contravene the Act's objectives, and the compromise is made with free will.
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