Compounding of offence under Schedule Castes (SC/ST) Atrocities Prevention Act

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    • #1897
      Anonymous
      Guest

      A case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was filed against my friend. Now, he has compromised the case with the complainant who belonged to SC caste. Is this offence compoundable? Can it be compromised? If not, how to get out of this case? The complainant is willing to cooperate for withdrawal or closure of compromise of the case. What can be done to save my friend from the case.

    • #1905

      Offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are non-compoundable. So, no compromise is possible directly or through the intervention of the trial court.

      At the same time, as pointed out by me in respect of a similar question (The Protection of Civil Rights Act, 1955), if the other party is willing to compromise the case as it appears, you may file a petition / application before the concerned high court under Section 482 of the Cr.P.C. for quashing of the proceedings / FIR on the basis of such compromise. There is a reasonable chance that the high court may allow it to be quashed if the other party is willing to compromise, as such a case may be covered in the decision of the Supreme Court in the case of Gian Singh  v.  State of Punjab, (2012) 10 SCC 303 : AIR 2012 SC Supp 838 : 2012 Cri LJ 4934.

      If a petition before the high court also does not help, then the only option left would be for the complainant and other witnesses to not support the prosecution case and inform during trial that they have compromised the case.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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