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ANIL KUMAR UPMAN
Kalu Lal Sahriya S/o Prahlad Sahriya – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Parties are present in person. They have been duly identified by their respective counsel.
2. By way of these criminal misc. petitions under Section 528 of BNSS, the accused-petitioners have approached this Court with a prayer to quash the FIR No. 181/2024 registered at Police Station Mangrol, District Baran for offences punishable under Sections 115(2), 126(2), 324(4) & 324(5) of BNS and Section 3(2)(va) of the SC/ST (Prevention of the Atrocities) Act on the ground of compromise.
3. Learned counsel for the petitioners submit that during pendency of the investigation, petitioners have entered into a compromise with the complainant and affidavits in this regard, sworn by the complainant are annexed with these 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 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 and duress.
6. In order to support his contention t
The court can quash FIRs under the SC/ST Act based on voluntary compromise, provided it aligns with the Act's objectives.
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 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/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 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 can quash FIRs under the SC/ST Act based on voluntary compromises, provided such actions do not contravene statutory protections.
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