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ANIL KUMAR UPMAN
Ashish Sharma Son Of Shri Rajesh Sharma – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Anil Kumar Upman, J.
1. Petitioner Nos.1, 2 & 3 are present in person and have been duly identified by their counsel.
2. 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. 03/2024 registered at Police Station Pilani, District Jhunjhunu seeking petitioners’ prosecution for the offences punishable under Sections 143, 323, 341, 382 & 427 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.
3. Complainant-respondent Nos. 2 and 3 are present in person and duly identified by their counsel.
4. Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainants and the written compromise has been placed before the Investigating Officer, who has verified the same.
5. 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.
6. Learned Public Prosecutor submits that since the FIR has been registered un
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.
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 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 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 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 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 criminal proceedings based on a voluntary compromise, as affirmed by the Supreme Court, but the compromise must be with free will.
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