Allahabad High Court
Dheerendra Singh And Another vs State Of U.P. And Another on 2 August, 2023
Bench: Arun Kumar Deshwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:154557
Court No. - 93
Case :- APPLICATION U/S 482 No. - 19449 of 2023
Applicant :- Dheerendra Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Satya Prakash Singh
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1.Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and the learned A.G.A. for the State. Perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as charge-sheet dated 20.02.2023 and cognizance order dated 11.04.2023 passed in Special Sessions Case No. 194 of 2023 (State Vs. Dheerendra Singh and Another) arising out of Case Crime No. 43 of 2023, under sections 186, 504, 506 I.P.C. and Section 3(1)Da, 3(1)Dha and 3(2)5Ka of Scheduled Castes and Scheduled Tribes Act on the ground that dispute between the parties is absolutely private and personal in nature and compromise has entered between the parties on 26.04.2023.
3. This court by the order dated 14.06.2023 directed to the court below to verify the compromise dated 26.04.2023 between the parties and after verification of the same, certified copy of the compromise be issued to the parties.
4. Learned counsel for the applicants has filed supplementary affidavit dated 01.08.2023 annexing a copy of verified compromise dated 20.07.2023.
5. This fact is not disputed by the learned counsel for the opposite party no. 2.
6. Learned counsel for both the parties have admitted before this court that dispute between them is purely personal and private in nature. Normally, the proceedings under Scheduled Castes and Scheduled Tribes Act cannot be quashed on the basis of compromise but Hon'ble Apex Court in the judgment of Ramawatar Vs. State of Madhya Pradesh imported in AIR 2021 Supreme Court 5228 observed in paragraph no. 16 that where offences, although covered under Scheduled Castes and Scheduled Tribes Act but the same is primarily private and civil in nature, can be quashed on the basis of compromise. Paragraph no. 16 of the aforesaid judgment is here produced as under:-
"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 in nature, 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 on the basis of 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 this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution of Section 482 Cr.P.C."
7. From perusal of F.I.R. as well as statement of opposite party no. 2, it appears that there are primarily private element in the offences under SC/ST Act, therefore in view of the law laid down by the Apex Court in Ramawatar Vs. State of Madhya Pradesh (supra), entire proceedings as well as charge-sheet dated 20.02.2023 and cognizance order dated 11.04.2023 passed in Special Sessions Case No. 194 of 2023 (State Vs. Dheerendra Singh and Another) arising out of Case Crime No. 43 of 2023, under sections 186, 504, 506 I.P.C. and Section 3(1)Da, 3(1)Dha and 3(2)5Ka of Scheduled Castes and Scheduled Tribes Act, are hereby quashed.
8. With the aforesaid observations, the application u/s 482 Cr.P.C. is allowed.
Order Date :- 2.8.2023
Vibha
