The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted with the objective of preventing the commission of offences against the members of the Scheduled Castes and Scheduled Tribes. The statement of objects and reasons makes it evident that the legislation was enacted to prevent indignities, humiliation and harassment to the members of SC/ST community.
The Hon’ble Supreme Court in the case of Swaran Singh vs. State (2008) 8 SCC 435, has analysed the true purport of the legislation and held as follows:
“31. The caste system is a curse on our nation and the sooner it is destroyed the better. In fact it is dividing our country at a time when we must all be united as Indians if we wish to face the gigantic problems confronting us e.g. poverty, unemployment, price rise, corruption, etc. The Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989 is a salutary legislative measure in that direction.”
Can a compromise be entered in a case under the SC/ ST Act?
The Hon’ble Supreme Court in the case of Ramawatar vs. State of M.P. (2022) 13 SCC 635, has answered this question in the affirmative, and has held as follows:
“17. On the other hand, 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. On similar lines, 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 this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C.”
Hence, if the parties have entered into a compromise, and the test is if the underlying objective of the legislation is not contravened or diminished, then the Constitutional Courts are empowered to quash the proceeding, and the mere fact that the legislation is a special statute, would not be an impediment. However, the Hon’ble Supreme Court has added a caveat, and have stated that the Courts ought to be more vigilant to see if the compromise has been entered into on the volition of their own free will and not in duress, and each case must be assessed on the basis of its own facts and circumstances.
Can the proceedings be quashed on the basis of compromise in a Criminal Appeal before the High Court?
It has been held that the case under the SC/ST Act may be quashed in terms of a compromise in a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is no need to take recourse to invoke inherent jurisdiction of the High Court.
Compromise is said to be the finest hour of justice. It is in this hour that the parties willingly set aside their own differences and work through them. However, the compromise must not be out of coercion or duress. Rest assured, there is no bar in quashing the proceedings in terms of compromise merely on the basis of nature of proceeding.
In the case of Ghulam Rasool Khan vs. State of U.P. 2022 SCC Online All 975, the full bench of the Hon’ble Allahabad High Court has held that the appeal may be preferred beyond time, as the time barring provision was struck down. Furthermore, from the perusal of the aforesaid judgment, it is clear that the prayer for quashing on the basis of compromise can be entertained in an appeal under Section 14A of the Act.
To read more about the remedies under the Act, read our article on Appeal Provisions under SC ST Act, 1989 – Remedies before the Allahabad High Court by clicking on the following link – https://nikhilkumaradvocate.in/appeal-provisions-under-sc-st-act-1989-remedies-before-allahabad-high-court/
Read our other articles related to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- Allahabad High Court on Anticipatory Bail in SC/ST Matters – https://nikhilkumaradvocate.in/allahabad-high-court-on-anticipatory-bail-in-sc-st-matters/
- Appeal Provisions under SC ST Act 1989 – Remedies before Allahabad High Court – https://nikhilkumaradvocate.in/appeal-provisions-under-sc-st-act-1989-remedies-before-allahabad-high-court/