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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Haider Khan S/o Kasam Khan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 2) |
| 2. arguments presented by parties regarding the conviction and compromise (Para 3 , 4 , 5) |
| 3. legal framework regarding compoundable and non-compoundable offences (Para 6 , 7 , 8) |
Order :
SANDEEP SHAH, J.
1. The present appeal has been filed by the appellants challenging the judgment dated 30.10.2004, passed in Special Case No.13/2004 by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi, whereby, the appellants were convicted and sentenced for the offences as under:-
| Offences under Sections | Sentence | Fine | In default of payment of fine |
| 447 of IPC | 15 days’ simple imprisonment | ||
| 3 (1) (iv), SC/ST (Prevention of Atrocities Act), 1989 | 6 months’ rigorous imprisonment | 500/- | 15 days simple imprison ment |
2. Brief facts of the case are that P.W.-6 Prega Ram lodged a typed report at police station Abu Road regarding the agricultural land situated near Mahaveer Talkies, Christian Kabristan being Khasra No. 227 measuring 1 Bigha and 2 Biswa stating that on 19.8.2003, all the appellants entered in the said land and constructed iron shed on it. Upon asking them to remove, the quarrel started. When the incident was going on, Mah
Courts may quash criminal proceedings based on voluntary compromise, especially in non-heinous cases where societal harm is minimal, emphasizing justice and harmony between parties.
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....
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 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 FIRs under the SC/ST Act based on voluntary compromise, provided it aligns with the Act's objectives.
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