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GAJENDRA KUMAR
Mukund Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The present Criminal Appeal has been filed under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") on behalf of the appellants praying for setting aside impugned order dated 16.01.2023 passed by ADJ/Spl Judge SC and ST, Lalitpur in S.S.T.No.260/2018 (State vs Jandail Singh and others) arising out of case crime No.41 of 2018 u/s 323,504,506,325 IPC and 3(1)(r),(s) of ST/ST Act PS-Jakhlaun, District Lalitpur.
2. As per the FIR, the prosecution story is as follows: The First Informant Puran s/o Kanchhedi Ahirwar was a resident of Village Nunawali. On 10.04.2018, at about 08 a.m., when he (informant) along with his father Kanchhedi, brothers Tilak and Ajay and Bhadai s/o Punu Ahirwar was going on his tractor-trolly to upload the bricks, on the way, appellants and other co-accused persons, namely, Jaidan Singh s/o Lakhan Singh, Mukund singh s/o Lakhan singh, Bablu s/o Sammar Singh and Lakhan Singh s/o Dev Singh Thakur, who are residents of Village-Nunawali, had intercepted, insulted, intimidated and abused them by using caste indicative words, were saying that why are you going to u
Point of Law : In the light of the analysis made above and as appellants have failed to point out any illegality, infirmity or perversity in the impugned order.
The court emphasized the need to be extremely circumspect in exercising the extraordinary jurisdiction to quash criminal proceedings under the SC/ST Act and held that the legislative intent of the Ac....
The SC/ST Act's protective legislative intent underscores that offences must not be quashed based on compromise if it risks undermining legal safeguards against caste-based discrimination.
(1) Offence under SC/ST Act, 1989 can be quashed on the ground of compromise between parties.(2) Powers of Apex Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a....
The main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
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.
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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