Court Allows Compounding of Offences Under SC/ST Act and Bharatiya Nyaya Sanhita After Dispute Resolution
In a significant ruling, the Bombay High Court's Aurangabad Bench has quashed two FIRs after the parties involved reached an amicable settlement. The FIRs were registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Bharatiya Nyaya Sanhita. The decision, delivered by Justice Y.G. Khobragade, highlights the court's discretion to allow the compounding of offences when the objectives of the relevant statutes are not undermined.
The case involved appellants Anuradha Alias Hirabai Arun Gondkar and others, who challenged the order of a Special Judge refusing anticipatory bail in connection with Crime No. 351 of 2025. This crime was registered for offences under sections 351(2), 352, and 3(5) of the Bharatiya Nyaya Sanhita, as well as sections 3(1)(r) and 3(1)(s) of the SC/ST Act.
The court noted that the informant, now married and residing with her husband, expressed no objection to the accused being granted bail. Additionally, an affidavit was submitted indicating a compromise between the informant and the appellants, leading to the withdrawal of all complaints.
Justice Khobragade referenced precedents from the Allahabad High Court and the Supreme Court, stating that legal proceedings might be quashed if continuing them constitutes an abuse of the legal process and if the core objectives of the SC/ST Act remain intact. The judgment emphasized that such decisions could be made even when offences fall under special statutes, provided that the compromise does not contravene the Act's objectives.
Furthermore, the court directed the appellants to deposit a cost of Rs. 20,000, which is to be paid to the informant as a gesture of goodwill and to cover any inconvenience caused due to the legal proceedings.
Bottom Line:
Compounding of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Bharatiya Nyaya Sanhita, permissible when dispute is amicably settled between parties, provided objectives of the Act are not contravened or diminished.
Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r), 3(1)(s), Bharatiya Nyaya Sanhita Sections 351(2), 352, 3(5), 74, 333, 115(2).
