The Supreme Court observed that criminal proceedings arising out of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 can be quashed invoking powers under Article 142 of Constitution or Section 482 of Criminal Procedure Code. The mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C.
Brief Facts
There was a civil dispute over the ownership of a piece of land between the Appellant and his neighbour during which the Appellant allegedly threw a brick on the Complainant and also made filthy and slur remarks on her caste, which prompted the Complainant to lodge an FIR under Section 3(1)(x)of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities Act),1989 (in short ‘SC/ST Act’) read with Section 34 of the Indian Penal Code, 1860. The Appellant and his co-accused were subsequently tried, which led to the Appellant’s conviction under Section 3(1)(x)of the SC/ST Act and consequential sentence of six months rigorous imprisonment and fine of Rs.1000/-. The Appellant challenged his conviction and sentence before the High Court of Madhya Pradesh, Jabalpur Bench but his appeal was dismissed vide the impugned judgment. Hence the appellant approached the Hon'ble Supreme Court.
Reasoning and Decision of the Court
1. Article 142 can be invoked for quashing criminal proceedings arising out of a ‘non-compoundable offence
The Hon’ble Supreme Court reiterated the findings in the case of Ramgopal & Another v. The State of Madhya Pradesh, wherein this issue of law was answered in the affirmative. The Court clarified that the jurisdiction of a Court under Section 320 Cr.P.C cannot be construed as a proscription against the invocation of inherent powers vested in this Court under Article 142 of the Constitution nor on the powers of the High Courts under Section 482 Cr.P.C.It was further held that the touchstone for exercising the extraordinary powers under Article 142 or Section 482 Cr.P.C., would be to do complete justice.
Therefore, the Supreme Court or the High Court, as the case may be, after having given due regard to the nature of the offence and the fact that the victim/complainant has willingly entered into a settlement/compromise, can quash proceedings in exercise of their respective constitutional/inherent powers. The Court in the present case re-iterated that the powers of this Court under Article 142 can be invoked to quash a criminal proceeding based on a voluntary compromise between the complainant/victim and the accused.
However, the Court put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in post-conviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain finality till the accused has exhausted his/her legal remedies and the finality is sub-judice before an appellate court.
The pendency of legal proceedings, be that may before the final Court, is the sine qua non to involve the superior court’s plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings based on a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. The purpose of these extraordinary powers is not to incentivise any hollow hearted agreements between the accused and the victim but to do complete justice by effecting genuine settlement(s).
2. The power to quash proceedings can be extended to offences arising out of special statutes such as the SC/ST Act
The Courts have to be mindful of the fact that the Act has been enacted keeping in view the express constitutional safeguards enumerated in Articles 15, 17 and 21 of the Constitution, with a twin-fold objective of protecting the members of these vulnerable communities as well as to providing relief and rehabilitation to the victims of caste-based atrocities.
On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings.
On similar lines, when considering a prayer for quashing based on a compromise/ settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a special statute would not refrain the Supreme Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C.
Held
The Court invoked powers under Article 142 and quashed the instant Criminal proceedings with the sole objective of doing complete justice between the parties.
Case Details
Case Name: RAMAWATAR V. STATE OF MADHYA PRADESH
Date of Decision: OCTOBER 25, 2021
Bench: N.V.RAMANA-CJI., SURYA KANT, HIMA KOHLI JJ.
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