RAMAWATAR versus STATE OF MADHYA PRADESH

Citation: [2021] 10 S.C.R. 499 · Decided: 25-10-2021 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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[2021] 10 S.C.R. 499
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RAMAWATAR
v.
STATE OF MADHYA PRADESH
(Criminal Appeal No. 1393 of 2011)
OCTOBER 25, 2021
[N. V. RAMANA, CJI, SURYA KANT AND
HIMA KOHLI, JJ.]
Constitution of India: Art.142 – Prosecution case was that
there was property dispute between the two neighbours appellant
and complainant – Complaint was filed under SC/ST Act against
the appellant that he abused complainant with repeated reference
to her caste – Courts below convicted the appellant under SC/ST
Act – In the instant appeal, complainant filed an application for
compromise – Held: The record manifests that there was an
undeniable pre-existing civil dispute between the parties – Thus,
the genesis of the deprecated incident was civil/property dispute –
Nothing on record indicated that either before or after the purported
compromise, any untoward incident had transpired between the
parties – Complainant, on her own free will, without any compulsion,
entered into a compromise and wished to drop the criminal
proceedings against the appellant – Appellant and the complainant
were residents of the same village and lived in very close proximity
to each other – They themselves had 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 settlement – By invoking the powers under Art.142,
the instant criminal proceedings are quashed with the sole objective
of doing complete justice between the parties – Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Code
of Criminal Procedure, 1973 – s.482 – Compromise/Settlement.
Constitution of India: Art.142 – Invocation of, for quashing
of criminal proceedings involving non-heinous crime on the basis
of a voluntary compromise between the complainant/victim and the
accused – Held: 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
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SUPREME COURT REPORTS
[2021] 10 S.C.R.
diminished even if the felony in question goes unpunished, the mere
fact that the offence is covered under a ‘special statute’ would not
refrain Supreme Court or the High Court, from exercising their
respective powers under Art.142 of the Constitution or s.482 Cr.P.C.
– Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 – Code of Criminal Procedure, 1973 – s.482.
Constitution of India: Art.142 – Powers to quash the
proceedings, scope of – 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 – Where it appears to the Court that the offence 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 – Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989: Object of the Act – Held: 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 Act has been enacted keeping in
view the express constitutional safeguards enumerated in Arts.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 – Constitution of India – Arts.15, 17 and 21.
Allowing the appeal, the Court
HELD: 1. This Court or the High Court, as the case may
be, after having given due regard to the nature of the offence and
the fact that the victim/complainant has willingly entered into a
settlement/compromise, can quash proceedings in exercise of
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their respective constit

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