NDLI: Ramawatar Vs. State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	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 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.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2021 INSC 664
Petitioner	Ramawatar
Respondent	State Of Madhya Pradesh
SCR	[2021] 10 S.C.R. 499
Judgement Date	2021-10-25
Case Number	1393

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