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DINESH MEHTA
Mahendra Kumar Khavas – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. 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 FIR No.0176/2021 registered at Police Station Sayla, District Jalore seeking petitioner’s prosecution for the offences punishable under Sections 420, 467, 468, 471 & 120-B of IPC and under Sections 3(1)(f) and 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 05.08.2022, who has verified the same.
3. Learned counsel for the complainant while accepting 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
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.
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 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 may quash FIRs under the SC/ST Act based on voluntary compromise, provided the act's objectives are not undermined.
The court has the power to quash criminal proceedings based on a voluntary compromise, as affirmed by the Supreme Court, but the compromise must be with free will.
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 affirmed that FIRs under the SC/ST Act can be quashed based on voluntary compromise, provided it aligns with the Act's protective objectives.
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