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Courts: Courts may withdraw proceedings that appear to be essentially civil offenses under SC / ST law: Supreme Court

NS Supreme Court Monday said court The alleged crime is SC / ST The act is primarily private or civil, or has not been committed for the caste of the victim. “NS court It protects members of these vulnerable communities and provides relief and rehabilitation to victims of caste-based atrocities.

“On the other hand, if the crime in question is subject to SC / ST law but appears to the court to be private or civil in nature, or if the alleged crime has not been committed for the caste. If, or the continuation of legal proceedings, is an abuse of the legal process, the court can exercise its power to subdue the proceedings, “said Bench, led by Judge NV Ramana.

This observation was made while suppressing criminal proceedings against a man convicted under the Scheduled Castes and Scheduled Tribe (Prevention of Cruelty) Act.

The Supreme Court was hearing an appeal filed by a man who challenged the order of the Madhya Pradesh High Court in support of a conviction under SC / ST law.

Land ownership and civil disputes between men and neighbors turned ugly when he not only threw bricks at women, but also made filthy and moody remarks to caste. rice field. Submit the FIR.

The man and other accomplices were subsequently tried and convicted under SC / ST law, resulting in six months in prison and a fine of Rs 1000. The man challenged the conviction and judgment in the High Court, but the appeal was dismissed.

In addition, the bench, which consists of Judges Surya Kant and Judge Hima Kori, has been specially enacted under the SC / ST Act to prevent indignation, humiliation, and harassment of Scheduled Castes and Scheduled members. Said that. Dealing with crimes caused by special laws.

The Supreme Court said the law is a melancholy perception of the reality that scheduled castes / tribes continue to be exposed to various atrocities by the hands of higher castes, despite some steps taken. Stated.

The Supreme Court said that SC / ST members belong to the weaker parts of society and are therefore prone to coercion and therefore cannot be underestimated that they should be given a higher level of protection.

It said it could not give relief to the accused if the court found coercion or even signs of coercion.

However, in the case at hand, Bench pointed out that the issue had been resolved between the parties and the petitioner had filed an application for compromise.

Repeating the same plea, the defendant’s defense lawyer stated that the parties were residents of the same village and that there was no existing hostility between them.

With this in mind, the Supreme Court simply states that a crime is subject to “special law” if the court is convinced that the purpose of the law will not be violated or diminished without punishment for the felony in question. Said not. Refrain from exercising each authority under Article 142 of the Constitution.

“In the current case, the court should be more vigilant to ensure that the petitioner’s victim has entered into a compromise at his / her free will, not for any coercion. You might add that there is, “Bench said.

“Because of the specific facts and circumstances of the case in light of the above principles and meditating on the application for compromise, we tend to exercise our authority under Article 142 and subdue immediate criminal proceedings. The only purpose is to do perfect justice between our former parties. ”

The Supreme Court has a caste-based insult used to insult victims because they belong to the SC / ST, the very purpose behind Section 3 (1) (x) of the SC / ST. Said that it was to stop the threat. community.

“In this case, the records show that there was an undeniable existing civil dispute between the parties. From the beginning, the alleged abuse was solely due to frustration and anger. It was said to have been filed. Disputed dispute Therefore, the origin of the deprecated case was a civil / property dispute.

“In this regard, in this case, even if the provisions of the special law are attracted, the event should be classified as being essentially comprehensive and private, with only subtle evidence of the crime. We believe that is not a mistake. Second, the crime in question for which the appellant was convicted does not appear to indicate his mental corruption. ”

Bench said the SC / ST law aims to protect members of the oppressed class from the atrocities of senior members of society.

Courts: Courts may withdraw proceedings that appear to be essentially civil offenses under SC / ST law: Supreme Court

https://economictimes.indiatimes.com/news/politics-and-nation/court-can-quash-proceedings-in-sc/st-act-where-it-appears-offence-civil-in-nature-supreme-court/articleshow/87263847.cms Courts: Courts may withdraw proceedings that appear to be essentially civil offenses under SC / ST law: Supreme Court

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