JOGARAM MANIGILAL SEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocates appearing for the respective respondents waive service of notice of rule.

(2.) By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code '), the petitioner pray for quashing and setting aside the F.I.R. being C.R.No.11210005201350 of 2020 registered with Athwaline Police Station, Surat City, for the offence punishable under Sections 3(1) (j) and 3(2)(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Section 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013(for short "the Manual Scavengers Act ").

(3.) At the outset, learned advocate Mr. Hardik Dave appearing for the petitioner has submitted that the dispute is now settled and the first informant has no objection if the FIR and the charge-sheet being ATRO Special Case No.32 of 2020 pending before the 10th Additional Sessions Judge, Surat along with all prior and subsequent proceedings thereto may be quashed. He has placed reliance on the affidavits filed by the first informant-respondent no.2 and other family members of the deceased and has submitted that the dispute is amicably settled between the parties. It is submitted that the Coordinate bench of this Court in similar offences registered under section 304 of Indian Penal Code, 1860 (the IPC), section 3(2)(va) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act) and sections 5(1)(A)(B), 6(2), 7,8 and 9 of Manual Scavengers Act has quashed and set aside the FIR on the ground of settlement, hence the present FIR may also be quashed.