The voluntary nature of compromise, absence of societal interest, and personal nature of the occurrence can justify the exercise of power under Section 482 Cr.P.C. to quash criminal proceedings, as established in relevant case law.

JUDGMENT :

Heard Mr. Gautam Kumar Singh, learned counsel for the petitioners, Ms. Shivani Kapoor, learned counsel for the State and Mr. Rahul Kumar Singh, learned counsel for opposite party no.2.

2. This petition has been filed for quashing the entire criminal proceedings including the FIR being Taljhari P.S. Case No.207/2019, corresponding to G.R. Case No.1233/2019 arising out of P.C.R. Case No.275/2018 including the order taking cognizance dated 14.05.2020 against petitioner no.1, pending in the court of the learned Additional Sessions Judge, 1st cum Special Judge, SC/ST Act, Sahibganj.

3. Mr. Gautam Kumar Singh, learned counsel for the petitioners submits that there is no ingredients of Section 3(i)(v) of the SC/ST Act. He further submits that entire occurrence took place in the house and not in the public place. He also submits that both the parties have compromised the matter and for that joint compromise petition being I.A. No.1819 of 2022 has been filed. He further submits that due to enmity and altercation, the case has been filed by opposite party no.2, however the ingredients of the SC/ST Act is not there. He further submits that since the compromise has been entered into between the parties, this Court may interfere in the matter.

4. Mr. Rahul Kumar Singh, learned counsel appearing for opposite party no.2 accepts the submission of the learned counsel for the petitioners and submits that opposite party no.2 does not want to proceed with the case.

5. Ms. Shivani Kapoor, learned counsel for the State submits that since the case has been compromised between the parties, it is for the Court to decide the matter.

6. In view of the above facts and considering the submissions of the learned counsel for the parties, this Court has gone through the materials on the record. I.A. No.1819 of 2022 has been filed on behalf of the petitioner as well as opposite party no.2, wherein, it has been disclosed that opposite party no.2 is not willing to proceed with the matter and now she has no grievance against the petitioner. Moreover, the ingredients of the SC/ST Act is not there and the occurrence took place in the house, not in the public place.

7. Recently the Hon’ble Supreme Court has considered the case relates to Section 3 of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act, 1989, in the case of Ramgopal & Anr.v.The State of Madhya Pradesh , in Criminal Appeal No. 1489 of 2012 along with Criminal Appeal No. 1488 of 2012 in which compromise was also the subject matter and it has been held that the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested before the Hon'ble Supreme Court under Article 142 of the Constitution of India, the power can be invoked. For ready reference, para-19 of the said judgment is quoted herein below:

“19. We thus sum-up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences ‘compoundable’ within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.”

8. It is well settled that where the compromise is entered into between the parties and societal interest is not there, the High Court can exercise its power under Section 482 Cr.P.C., even if the Sections are not compoundable, as has been held by the Hon'ble Supreme Court in th