Petitioner applied to quash an FIR under the Prevention of Atrocities Act and IPC, citing a compromise. The Court held that Section 3(i)(x) is non-compoundable and dismissed the application lacking merit.
Petitioner's application for quashing the FIR is dismissed.
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In the High Court of Jharkhand at Ranchi
Cr.M.P.No.296 of 2014
Raju Singh ...................................Petitioner
V E R S U S
State of Jharkhand ….........................Opposite Party
CORAM: HON’BLE MR. JUSTICE R.R.PRASAD
For the Petitioner:Mr. M.K.Dubey For the State :A.P.P
04/ 15.04.14. The FIR of Narayanpur P.S case no.223 of 2013 registered under Sections 323/354 of the Indian Penal Code and also under Sections 3(iii)(x)(xi) and 4 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act is being sought to be quashed on the ground that the parties have compromised the matter and a compromise petition has been filed before the court below.
On perusal of the complaint petition, prima facie, it does appear that the case is made out under Section 3(i)(x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act and thereby the offence cannot be allowed to be compounded.
Accordingly, I do not find any merit in this case and hence, this application stands dismissed.
ND/
3 issues framed by the court
Whether an FIR under sections of the Prevention of Atrocities Act can be quashed on the ground of compromise when the offence is non-compoundable.
Whether the prima facie appearance of the complaint under Section 3(i)(x) of the Act precludes compounding.
Whether the compromise petition filed in the court below suffices to dismiss the quashing application.
4 provisions across 2 enactments
Raju Singh
State of Jharkhand
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
