DEEPAK SINGHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 Cr.P.C. has been filed for quashing the criminal proceedings in the criminal case No.77/2019, the State of Rajasthan versus Deepak pending in the Court of learned Special Judge SC/ST (Prevention of Atrocities) arising out of FIR No.253/2019 registered at Police Station Man town, District Sawaimadhopur for offence under Ss. 323, 341 and 504 of IPC and Sec. 3(1)(D) of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for brevity "the Act of 1989).

(2.) Learned counsel for the petitioner submitted that the FIR in question arises out of a trifle dispute and does not involve any heinous offence. He submitted that the learned trial Court has, vide order dtd. 2/12/2019, quashed the proceedings qua Ss. 323, 341 and 504 of IPC being compoundable; but, declined to quash the proceedings qua Sec. 3(1)(D) of the Act of 1989 being non-compoundable. Relying on the compromise (Annexure-1) and judgments of the Hon'ble Supreme Court in cases Gian Singh versus State of Punjab and Anr. reported in JT 2012 (9) SC-426 and Narinder Singh and Ors. versus State of Punjab and Anr. reported in 2014 Cr.L.R. (SC) 351, he submitted that since the matter has amicably been settled between the parties, the proceedings under Sec. 3(1)(D) of the Act of 1989 be also quashed.

(3.) Learned Public Prosecutor has opposed the criminal miscellaneous petition.