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ANIL KUMAR UPMAN
Gaurav Gurjar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. filing of fir and identification of parties. (Para 1 , 2) |
| 2. compromise and legal implications. (Para 3 , 4 , 5 , 6) |
| 3. judicial discretion in quashing fir under sc/st act. (Para 7 , 8) |
| 4. principle of compromise in criminal proceedings. (Para 9) |
| 5. final ruling to quash fir. (Para 10 , 11) |
ORDER :
1. The petitioner and the complainant are present in person and have been duly identified by their respective counsel.
2. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioner has approached this Court with a prayer to quash the FIR No. 255/2023 registered at Police Station Sodala, Jaipur City (South) seeking petitioner's prosecution for the offences punishable under Sections 341 , 323, 342, 365, 427, 379 of IPC and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Learned counsel for the petitioner submits that during pendency of the investigation, the petitioner has entered into a compromise with the complainant. The written compromise has been annexed with this petition.
4. Learned counsel for the complainant while accepting the factum of compromise submits that the
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 compromises, provided such actions do not contravene statutory protections.
The court can quash FIRs under the SC/ST Act based on voluntary compromise, provided it aligns with the Act's objectives.
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....
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