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MANJU RANI CHAUHAN
Vihari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Learned counsel for the State has filed an affidavit of compliance today on behalf of Krishan Kumar, posted as S.P. Sambhal, which is taken on record.
2. Learned counsel for the opposite party no.2 has filed an affidavit today, which is taken on record.
3. Heard Mr. Ashutosh Upadhyay, learned counsel for the applicants, Mr. Ram Surat Patel, learned counsel for opposite party no.2 as well as Mr. A.K. Sand, learned Government Advocate assisted by Mr. Mayank Awasthi, learned counsel for the State and perused the material on record.
4. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 22.05.2022 as well as entire proceeding of S.T. No.130 of 2022 (State vs. Vihari & Others), arising out of Case Crime No.101/2022, under Sections 504, 506, 323 I.P.C. and Sections 3(1)da, 3(1)dha S.C./S.T. Act, Police Station- Kaila Devi, District- Sambhal as well as stay the further proceeding of the aforesaid case, pending before the learned Additional District & Session Judge/Special Judge (S.C./S.T. Act), Sambhal at Chandausi, on the basis of compromise.
5. On 05.07.2024, the following order was passed :
The court emphasized the need for verification of compromises in cases under the SC/ST Act to prevent misuse and uphold the integrity of the law.
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.
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 court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties, even if the sections are not compoundable, as long as the societal ....
The court can quash criminal proceedings under Section 482 Cr.P.C. when parties reach a genuine compromise, provided the offences are not of a serious nature.
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