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SANJAY KUMAR DWIVEDI
Shanti Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Arun Kumar, learned counsel for the petitioners, Mr. Manoj Kumar, learned counsel for the opposite party-State and Mr. Zaid Ahmad, learned counsel for opposite party no.2.
2. This criminal miscellaneous petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.
3. The petitioners have filed this petition for quashing entire criminal proceeding including the order taking cognizance dated 31.07.2019 passed by the learned Chief Judicial Magistrate I/C, Dhanbad, in Dhanbad SC/ST P.S. Case No.14/2017, corresponding to G.R. No.3301/2017, whereby, cognizance under Sections 341/323/504/34 of the Indian Penal Code and Section 3(X) of the Scheduled Castes ad Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been taken against the petitioners.
4. The prosecution case has been lodged on the basis of written complaint of the informant/opposite party no.2, wherein, it has been alleged that on 05.09.2017 at about 9-10 O'clock Shankar
The main legal point established in the judgment is that only the Special Court constituted for the purpose of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is compet....
The court established that inherent powers under Section 482 of the CrPC can quash proceedings lacking sufficient evidence or motivated by malice.
The importance of the court's independent judicial mind and the disclosure of prima facie materials in the order taking cognizance.
The central legal point established in the judgment is the requirement for the occurrence to take place in public view under section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of A....
The court can invoke the power under Section 482 Cr.P.C. to quash criminal proceedings, even if the sections are not compoundable, when a compromise is reached between the parties and societal intere....
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
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