BRIJKISHOR SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed by learned counsel for the appellants is taken on record. Heard learned counsel for the appellants, learned counsel for the opposite party No. 2 and learned A.G.A. for the State. This criminal appeal has been preferred under Sec. 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') against the Summoning Order dtd. 20/12/2023 as well as charge sheet dtd. 22/8/2023 passed by learned Special Judge (S.C./S.T. Act), Jhansi in S.T. No. 1458 of 2023 in Case Crime No. 0330 of 2023, under Ss. 323, 504, 506, 352 IPC and Sec. 3(2)(v-a) of the S.C./S.T. Act, Police Station-Nawabad, District-Jhansi.

(2.) It has been submitted by learned counsel for the parties that during the pendency of the present appeal the parties have entered into compromise and have settled the dispute vide compromise dtd. 8/10/2023 which is placed as Annexure No. 3 to the present appeal. The said compromise has been duly verified by learned Special Judge (S.C./S.T. Act), Jhansi on 29/2/2024. According to the report submitted by District Magistrate, Jhansi, no compensation has been awarded to the victim/opposite party No. 2 due to paucity of fund. Counsel for the opposite party No. 2 submits that opposite party no. 2 has willingly entered into a settlement and not under duress or threat and is not interested in pursuing the matter pending in the lower court and is not inclined to give any evidence against the appellants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

(3.) Learned counsel for the opposite party no. 2 and learned A.G.A. have no objection if the impugned proceeding pending against the appellants is quashed. Recently, the law with regard to quashing of a case on the basis of settlement arrived between the parties, in the matters under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as has been laid down by the Apex Court in the case of Ramawatar Vs. State of Madhya Pradesh, (2022) 13 SCC 635 decided on 25/10/2021 has held that: "the Court has to be mindful of the fact that the 1989 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. However, when such offence is primarily private or civil in nature, or where the alleged offence not 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. Further, in such cases, the Court 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."