Karnataka High Court
Sri. Narendra Babu. N vs State Of Karnataka on 27 June, 2023
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:22312
CRL.P No. 4520 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4520 OF 2023
BETWEEN:
SRI NARENDRA BABU N.,
S/O NARASIMHAMURTHY
AGED ABOUT 42 YEARS
R/AT NO.201
MADHAVI RESIDENCY, 6TH CROSS,
LALBAHADDURSHASTRYNAGAR,
BENGALURU - 560 017.
...PETITIONER
(BY SRI NARENDRA BABU H.L., ADVOCATE)
AND:
Digitally signed 1. STATE OF KARNATAKA
by PADMAVATHI REPRESENTED BY HAL POLICE
BK
Location: HIGH
BENGALURU
COURT OF REPRESENTED BY SPP
KARNATAKA HIGH COURT OF KARNATAKA BUILDING
BENGALURU - 560 001.
2. SMT.VENKATALAKSHMAMMA
W/O VENKATESHAPPA
AGED ABOUT 48 YEARS
R/AT NO.132, 1ST FLOOR,
3RD CROSS, 11TH MAIN,
SHIVANANDA NAGAR
-2-
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CRL.P No. 4520 of 2023
BENGALURU - 560 037.
...RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP R-1;
SRI B.S.NATARAJA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
SPL.C.NO.59/2023 PENDING ON THE FILE OF HONBLE LXX
ADDL. CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE,
AT BENGALURU (CCH-71) FOR THE OFFENCES P/U/S 504 OF
IPC AND U/S 3(1)(r), 3(1)(s), 3(1)(p) OF SC/ST ACT,1989.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking quashment of
the proceedings in Spl.C.No.59/2023, registered for the
offences punishable under Section 3(1)(r), 3(1)(s) and 3(1)(p)
of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989 ('the Act' for short) and under Section
504 of the IPC, pending on the file of the LXX Additional City
Civil and Sessions Judge, Bengaluru.
2. Learned counsel for the petitioner and respondent No.2
in unison submit that during the pendency of the case, the
parties to the lis have settled the dispute and file an application
under Sections 482 and 320(2) of the Cr.P.C., along with the
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CRL.P No. 4520 of 2023
joint affidavit of the parties, seeking permission to compound
the offences alleged by respondent No.2, the complainant.
3. Learned High Court Government Pleader would contend
that the issue in the lis concerning the offence ones punishable
under the Act and therefore, settlement should not be
accepted. The petitioner has to undergo trial and come out
clean. He seeks dismissal of the petition,
4. The application filed under Sections 482 and 320(2) of
the Cr.P.C., reads as follows:
"4. It is submitted that the complaint was registered
by the first respondent HAL police initiated at the
instance of second Respondent by the first
Respondent police in SPL.C.No.59/2023 on the file of
learned LXX ADDL. CITY AND SESSIONS JUDGE
BENGALURU (CCH-71) for the offences punishable
504, read with Section-34 IPC along with and under
section 3(1)(R), 3(1)(S) and 3(1)(P) of SC ST ACT
1989. Against the Accused-Petitioner herein and that
the second Respondent has received totally a sum of
Rs.9,00,000/- (Rupees Nine Lakh only), out of
9,00,000/- Rs.4,00,000/- (Rupees Four Lakh) by way
of DD No.052304 at 2716123 4] That, the offence so
alleged in SPL.C.No.59/2023 on the file of learned
LXX ADDL. CITY CIVIL AND SESSIONS JUDGE
BENGALURU (CCH-71) 504, read with Section-34 IPC
along with and under section 3(1)(R), 3(1)(S) and
3(1)(P) of SC ST ACT 1989. against the Accused -
Petitioner herein and that the second Respondent has
received a sum of Rs.5,00,000/- (Rupees Five Lakh
only) since the offences are not compoundable
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CRL.P No. 4520 of 2023
without the permission of the court. In view of the
settlement between the Petitioner and second
Respondent the above criminal petition is liable to be
allowed and the criminal prosecution initiated therein
requires to be quashed. Otherwise, the Petitioners
and second Respondent will be put to greater
inconvenience, irreparable loss and damage and also
hardship and injustice. If permission granted it may
not cause any hardship to the first Respondent or to
the state."
The issue is whether the compromise between the parties
can be accepted by this Court qua the provisions of the Act.
The issue need not detain this Court for long or delve deep into
the matter as the Apex Court in the case of RAMAWATAR VS.
STATE OF MADHYA PRADESH reported in 2021 SCC
ONLINE SC 966, has held as follows:
"15. Ordinarily, when dealing with offences arising out of
special statutes such as the SC/ST Act, the Court will be
extremely circumspect in its approach. The SC/ST Act has been
specifically enacted to deter acts of indignity, humiliation and
harassment against members of Scheduled Castes and
Scheduled Tribes. The Act is also a recognition of the
depressing reality that despite undertaking several measures,
the Scheduled Castes/Scheduled Tribes continue to be
subjected to various atrocities at the hands of upper-castes.
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 provide relief and
rehabilitation to the victims of caste-based atrocities.
16. 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
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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 or Section
482 Cr.P.C.
17. Adverting to the case in hand, we note that the present
Appellant has been charged and convicted under the
unamended Section 3(1)(x) of the SC/ST Act7, which was as
follows:
"3. Punishments for offences of atrocities- (1)
Whoever, not being a member of a Scheduled Caste or a
Scheduled Tribe,--
xxxx
(x) intentionally insults or intimidates with intent to
humiliate a member of a Scheduled Caste or a Scheduled
Tribe in any place within public view;
xxxx"
18. We may hasten to add that in cases such as the
present, the Courts ought to be even more vigilant to ensure
that the complainant-victim has entered into the compromise
on the volition of his/her free will and not on account of any
duress. It cannot be understated that since members of the
Scheduled Caste and Scheduled Tribe belong to the weaker
sections of our country, they are more prone to acts of
coercion, and therefore ought to be accorded a higher level of
protection. If the Courts find even a hint of compulsion or
force, no relief can be given to the accused party. What factors
the Courts should consider, would depend on the facts and
circumstances of each case.
19. Having considered the peculiar facts and circumstances
of the present case in light of the afore-stated principles, as
well as having meditated on the application for compromise, we
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are inclined to invoke the powers under Article 142 and quash
the instant Criminal proceedings with the sole objective of
doing complete justice between the parties before us. We say
so for the reasons that:
Firstly, the very purpose behind Section 3(1)(x) of the
SC/ST is to deter caste-based insults and intimidations when
they are used with the intention of demeaning a victim on
account of he/she belonging to the Scheduled Caste/Scheduled
Tribe community. In the present case, the record manifests
that there was an undeniable pre-existing civil dispute between
the parties. The case of the Appellant, from the very beginning,
has been that the alleged abuses were uttered solely on
account of frustration and anger over the pending dispute.
Thus, the genesis of the deprecated incident was the afore-
stated civil/property dispute. Considering this aspect, we are of
the opinion that it would not be incorrect to categorise the
occurrence as one being overarchingly private in nature, having
only subtle undertones of criminality, even though the
provisions of a special statute have been attracted in the
present case.
Secondly, the offence in question, for which the Appellant
has been convicted, does not appear to exhibit his mental
depravity. The aim of the SC/ST Act is to protect members of
the downtrodden classes from atrocious acts of the upper
strata of the society. It appears to us that although the
Appellant may not belong to the same caste as the
Complainant, he too belongs to the relatively weaker/backward
section of the society and is certainly not in any better
economic or social position when compared to the victim.
Despite the rampant prevalence of segregation in Indian
villages whereby members of the Scheduled Caste and
Scheduled Tribe community are forced to restrict their quartes
only to certain areas, it is seen that in the present case, the
Appellant and the Complainant lived in adjoining houses.
Therefore, keeping in mind the socio-economic status of the
Appellant, we are of the opinion that the overriding objective of
the SC/ST Act would not be overwhelmed if the present
proceedings are quashed.
Thirdly, the incident occurred way back in the year 1994.
Nothing on record indicates that either before or after the
purported compromise, any untoward incident had transpired
between the parties. The State Counsel has also not brought to
our attention any other occurrence that would lead us to
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believe that the Appellant is either a repeat offender or is
unremorseful about what transpired.
Fourthly, the Complainant has, on her own free will,
without any compulsion, entered into a compromise and
wishes to drop the present criminal proceedings against
the accused.
Fifthly, given the nature of the offence, it is immaterial that
the trial against the Appellant had been concluded.
Sixthly, the Appellant and the Complainant parties are
residents of the same village and live in very close proximity to
each other. We have no reason to doubt that the parties
themselves have voluntarily settled their differences.
Therefore, in order to avoid the revival of healed wounds, and
to advance peace and harmony, it will be prudent to effectuate
the present settlement."
(Emphasis supplied)
In the light of the afore-quoted judgment of Apex Court,
which has held that invoking power under Article 142 of the
Constitution of India or under Section 482 of the Cr.P.C., the
proceedings initiated under the Act may be permitted to close,
if the complainant is willing to settle the issue. I am further
fortified by the judgments rendered by the learned Single
Judges of High Courts of Allahabad and Andhra Pradesh, who
have quashed the proceedings qua the offences under the Act.
Following the judgment of the Apex Court rendered in the case
of RAMAWATAR (supra), the High Court of Allahabad in the
case of ISRAR AND OTHERS VS. STATE OF UTTAR
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CRL.P No. 4520 of 2023
PRADESH AND ANOTHER reported in 2022 SCC Online ALL
518, has held as follows:
"2. This Court is noticing this trend every day in large
number of cases that after receiving the compensation from
the State Government, the complainant enters into
compromise with the accused for quashing of the proceedings
and a petition is filed under Section 482 Cr.P.C. to quash the
proceedings on the basis of compromise arrived at between
the parties.
3. This Court is of the view that tax payers money is being
misused in this process. It would be appropriate to disburse
the compensation only on conviction of the accused and not
filing of the FIR and submission of the charge-sheet. In cases
where the complainant has entered into compromise with the
accused for quashing of the proceedings and proceedings are
quashed by this Court against the accused in exercise of its
power under Section 482 Cr.P.C., the State is free to realise
the compensation back to the alleged victim.
4. Present petition under Section 482 Cr.P.C. has been filed
on behalf of the accused-petitioners, who are present in
person and have been duly identified by Mr. C.B. Singh,
Advocate, seeking quashing of the proceedings of Sessions
Trial No. 820 of 2020 : State v. Israr as well as Charge-sheet
No. 90 of 2019 dated 26.2.2019 arising out of Case Crime No.
37 of 2019, under Sections 147, 323, 504, 506 IPC, 3(1)(da),
3(1)(dha) of S.C./S.T. Act, Police Station Naseerabad, District
Raebareli, pending in the court of Special Judge S.C./S.T. Act,
Raebareli and summoning order dated 6.8.2020 passed by
Special Judge SC/ST Act, Raebareli.
5. The complainant (opposite party No. 2) is also present
in person who has been identified by his lawyer by Ms. Seema
Upadhyay, Advocate.
6. Ground for quashing of the proceedings is compromise
arrived at between the parties. The complainant who is alleged
victim of offence submits that he has entered into compromise
with opposite parties and he does not want continuance of the
proceedings against the petitioners who are the accused.
7. I have considered the submissions advanced by the
learned counsel for the parties.
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CRL.P No. 4520 of 2023
8. The offence against the petitioners is trivial in nature
except offence under Section 3(1) (da) and (dha) SC/ST Act.
The Supreme Court in 2021 SCC OnLine SC
966 (Ramawater v. State of Madhya Pradesh) has held as
under:--
"15. Ordinarily, when dealing with offences arising
out of special statutes such as the SC/ST Act, the Court will
be extremely circumspect in its approach. The SC/ST Act
has been specifically enacted to deter acts of indignity,
humiliation and harassment against members of Scheduled
Castes and Scheduled Tribes. The Act is also a recognition
of the depressing reality that despite undertaking several
measures, the Scheduled Castes/Scheduled Tribes continue
to be subjected to various atrocities at the hands of upper-
castes. 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 provide relief and rehabilitation to the victims
of caste-based atrocities."
9. 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
or Section 482 Cr.P.C.
"18. We may hasten to add that in cases such
as the present, the Courts ought to be even more
vigilant to ensure that the complainant-victim has
entered into the compromise on the volition of his/her
free will and not on account of any duress. It cannot be
understated that since members of the Scheduled
Caste and Scheduled Tribe belong to the weaker
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CRL.P No. 4520 of 2023
sections of our country, they are more prone to acts of
coercion, and therefore ought to be accorded a higher
level of protection. If the Courts find even a hint of
compulsion or force, no relief can be given to the
accused party. What factors the Courts should
consider, would depend on the facts and circumstances
of each case."
10. Considering the fact that the parties have put their
dispute behind and decided to live peacefully by entering into
compromise, I find that this case is squarely covered by the
judgment rendered by the Supreme Court
in Ramawater v. State of Madhya Pradesh (supra).
11. Thus, this petition is allowed."
In the light of the judgment so rendered by the Apex
Court, wherein the Apex Court has permitted such compromise
to be recorded exercising jurisdiction under Section 482 of the
Cr.P.C., which principle is also followed by the High Court of
Allahabad in the case of ISRAR (supra), I deem it appropriate
to accept the application and the joint affidavit so filed and
obliterate the proceedings against the petitioner under the Act
and also offence under Section 504 of the IPC, as the allegation
is not against the State.
5. For the aforesaid reasons, the following:
ORDER
(i) The Criminal Petition is disposed.
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CRL.P No. 4520 of 2023
(ii) The impugned proceedings in Spl.C.No.59/2023,
pending before the LXX Additional City Civil and
Sessions and Special Judge, Bengaluru, stand
quashed.
Sd/-
JUDGE
NVJ
