Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By Exercising Powers U/S 482CrPC/ Article 142: Supreme Court

The Supreme Court observed that criminal proceedings arising out of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 can be quashed invoking powers under Article 142 of Constitution or Section 482 of Criminal Procedure Code.The mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 CrPC, a three judges bench headed by CJI NV Ramana observed.Such quashing powers, according to the court, can be invoked in these two situations:(1) Where it appears to the Court that the offence in question, 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.(2) 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 bench, also comprising Justices Surya Kant and Hima Kohli, clarified that if there is even a hint of compulsion or force, no relief can be given to the accused party.In this case, the appellants were convicted under SC-ST Act. Before the Apex Court, it was submitted that the matter had been settled between the parties, and the Complainant had filed an application for compromise.They prayed for invocation of Court's powers under Article 142 of the Constitution to quash the criminal proceedings. The state opposed this prayer and therefore the court considered these issues: First, whether the jurisdiction under Article 142 of the Constitution can be invoked for quashing of criminal proceedings arising out of a 'noncompoundable offence? If yes, then whether the power to quash proceedings can be extended to offences arising out of special statutes such as the SC/ST Act?On the first issue, the court referred to its recent judgment in Ramgopal & Anr v. State of Madhya Pradesh LL 2021 SC 516 and observed that Article 142 can be invoked to quash a criminal proceeding on the basis of a voluntary compromise between the complainant/victim and the accused. The court, however, added:"13. We, however, put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in post-conviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain finality till the accused has exhausted his/her legal remedies and the finality is sub judice before an appellate court. The pendency of legal proceedings, be that may before the final Court, is sine qua non to involve the superior court's plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings on the basis of a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining an indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. We have already clarified that the purpose of these extraordinary powers is not to incentivise any hollowhearted agreements between the accused and the victim but to do complete justice by effecting genuine settlement(s)."Regarding the second question, the court made the following observations:Court can altogether ignore the statutory provisions or other express prohibitions in law.14.. Even though the powers of this Court under Article 142 are wide and farreaching, the same cannot be exercised in a vacuum. True it is that ordinary statutes or any restrictions contained therein, cannot be constructed as a limitation on the Court's power to do "complete justice". However, this is not to say that this Court can altogether ignore the statutory provisions or other express prohibitions in law. In fact, the Court is obligated to take note of the relevant laws and will have to regulate the use of its power and discretion accordinglyThe Courts have to be mindful of the fact that the SC-ST Act has been enacted keeping in view the express constitutional safeguards 15. 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. The Act is also a recognition of the depressing reality that ...

Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By Exercising Powers U/S 482CrPC/ Article 142: Supreme Court

Ashok KM

"The mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 CrPC" a three judges bench headed by CJI NV Ramana observed.

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