The court can quash FIRs under the SC/ST Act based on voluntary compromises, provided such actions do not contravene statutory protections.

ORDER :

1. The petitioner - Jaheer Ansari @ Jaheer Ahmed and the complainant Smt.Narayani Devi are present in person and have been duly identified by their respective counsel.

2. These two misc. petitions under Section 482 of the Code of Criminal Procedure have been filed on behalf of the petitioner(s) with a prayer to quash FIR No. 357/2020 registered at Police Station Kotwali Sikar, District Sikar for the offences punishable under Sections 420, 467, 468, 471 & 120B of IPC and Section 3(2)(va) of SC/ST Act and all subsequent proceedings arising out of it. The first Criminal Misc Petition (S.B Criminal Misc. Petition No. 5087/2021) was filed on behalf of the accused petitioner Jaheer Ansari challenging the aforesaid FIR on merits. However, the second criminal misc. petition (No. 5712/2023) has been filed on behalf of the petitioners for quashing of the aforesaid FIR on the basis of compromise entered into between the parties.

3. Learned counsel for the petitioners submits that during pendency of investigation, the petitioners have entered into a compromise with the complainant and she does not want to pursue the impugned FIR. He further submits that the complainant/respondent No. 2 has also filed a criminal misc. petition (No. 6260/2023) for quashing of the impugned FIR on the ground of compromise entered into between the parties, which is listed today before this Court along with these two misc. petitions.

4. 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.

5. Learned Public Prosecutor submits that apart from the offences punishable under Sections 420, 467, 468, 471 & 120B of IPC, the FIR has been registered under the provisions of SC/ST Act as well and the same cannot be quashed on the basis of compromise. He, however, accepts the factum of compromise having been entered into without coercion and duress.

6. In order to support his contention that FIR/proceedings under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act') can be quashed, learned counsel for the petitioner invites Court's attention towards the order dated 25.10.2021 passed by Hon'ble Supreme Court in the case of Ramawatar v. State of Madhya Pradesh, AIR 2021 SC 5228.

7. In the above referred case of Ramawatar (supra), Hon'ble the Supreme Court has observed thus:

“12. In view of the settled proposition of law, we affirm the decision of this Court in Ramgopal (Supra) and reiterate that the powers of this Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a voluntary compromise between the complainant/victim and the accused.

13. We, however, put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in postconviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain finality till the accused has exhausted his/her legal remedies and the finality is subjudice before an appellate court. The pendency of legal proceedings, be that may before the final Court, is sine qua non to involve the superior court's plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings on the basis of a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining an indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. We have already clarified that the purpose of these extra-ordinary powers is not to incentivise any hollow - hearted agreements between the accused and the victim but to do complete justice by effecting genuine settlements.

14. With respect to the second question before us, it must be noted that ven though the powers of this Co