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ANIL KUMAR UPMAN
Jaheer Ansari @ Jaheer Ahmed – Appellant
Versus
State of Rajasthan – Respondent
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 ha
The court can quash FIRs under the SC/ST Act based on voluntary compromises, provided such actions do not contravene statutory protections.
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 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 quash FIRs under the SC/ST Act based on voluntary compromise, provided it aligns with the Act's objectives.
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