Allowed

Deepak Singhal S/O Shri Bajranglal Agarwal v. State of Rajasthan

Rajasthan HC11 Feb 2021CRLMP/89/2021

Case brief

AI extract

What is this about?

This petition under Section 482 CrPC sought quashing of criminal proceedings under Section 3(1)(D) of the SC/ST Act despite the trial court retaining them. The High Court allowed the petition, quashing the proceedings considering the dispute had been amicably settled and relying on Supreme Court precedents.

What did the court decide?

The criminal proceedings in criminal case No.77/2019 arising out of FIR No.253/2019 for offence under Section 3(1)(D) of the Act of 1989 are quashed.

Deepak Singhal S/O Shri Bajranglal Agarwal Vs State of… — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 89/2021

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Deepak Singhal S/o Shri Bajranglal Agarwal, Haal Sawaimadhopur, Sahar, Sawaimadhopur.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Public Prosecutor.

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Deepak Chawla S/o Shri Kailash Chand, R/o Sahar, Sawaimadhopur.

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----Respondents

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For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. F.R. Meena, P.P. Mr. Vipul Jaiman

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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11/02/2021

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This criminal miscellaneous petition under Section 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 Mantown, District Sawaimadhopur for offence under Sections 323, 341 & 504 of IPC and Section 3(1)(D) of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for brevity “the Act of 1989).

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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 dated 02.12.2019, quashed the proceedings qua

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(2 of 3)

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[CRLMP-89/2021]

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Sections 323, 341 & 504 of IPC being compoundable; but, declined to quash the proceedings qua Section 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 & Anr. reported in JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of Punjab & 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 Section 3(1)(D) of the Act of 1989 be also quashed.

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Learned Public Prosecutor has opposed the criminal miscellaneous petition.

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Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the criminal proceedings arising out of FIR in question are quashed.

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Heard learned counsels for the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them and the learned trial Court vide its order dated 02.12.2019 quashed the proceedings qua Sections 323, 341 & 504 of IPC on the basis of compromise. In view of compromise between the parties and the law laid down by the Hon’ble Supreme Court in cases of Gian Singh (Supra) & Narinder Singh (supra), this Court deems it just and proper to quash the criminal proceedings against the petitioner.

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Resultantly, this criminal miscellaneous petition is allowed. The criminal proceedings in the criminal case No.77/2019, the

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(3 of 3)

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[CRLMP-89/2021]

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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 Mantown, District Sawaimadhopur for offence under Section 3(1)(D) of the Act of 1989 are quashed.

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(MAHENDAR KUMAR GOYAL),J

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Manish/s-234

Deepak Singhal S/O Shri Bajranglal Agarwal v. State of Rajasthan

Case brief

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Deepak Singhal S/O Shri Bajranglal Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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