"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act
2 years ago

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act

Live Law  

The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes Act, observing that it amounted to abuse of process of law and Court.The bench of Justices M R Shah and Krishna Murari observed that the private civil dispute between the parties is converted into criminal proceedings.In this case,. The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes Act, observing that it amounted to abuse of process of law and Court. Initiation of the criminal proceedings for the offences under Sections 3 and of the Scheduled Castes and the Scheduled Tribes Act, 1989, therefore, is nothing but an abuse of process of law and Court. Mr. Pranab Prakash, AOR For Respondent Respondent-in-person Case details Scheduled Castes and the Scheduled Tribes Act, 1989 ; Sections 3 and - Code of Criminal Procedure, 1973 ; Section 482 - Private civil dispute between the parties is converted into criminal proceedings - Initiation of the criminal proceedings therefore, is nothing but an abuse of process of law and Court - Complaint and summoning order quashed.

Supreme Court Dispute Court Prevention Criminal Criminal Proceedings Proceedings Act Private Castes Scheduled Tribes Offence Scheduled Castes Atrocities Sections Krishna Murari Justices M R Shah Private Civil Dispute  supreme  quashes  atrocities  castes  tribes  act  criminal  scst  proceedings  offence  court  scheduled  va  private  prevention  sections  dispute

History of this topic

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
3 months, 1 week ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 3 weeks ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Continuing Trend Of Projecting Purely Civil Financial Dispute As Criminal Matter 'Extremely Disturbing': Supreme Court
1 year, 6 months ago

Continuing Trend Of Projecting Purely Civil Financial Dispute As Criminal Matter 'Extremely Disturbing': Supreme Court

Live Law  

The Supreme Court observed that the continuing trend of projecting a purely civil financial dispute as a criminal matter is extremely disturbing.The bench of Justices Krishna Murari and Sanjay Kumar observed thus while considering a contempt petition. The Supreme Court observed that the continuing trend of projecting a purely civil financial dispute as a criminal matter is extremely disturbing. & …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
1 year, 11 months ago

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings

Live Law  

The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156, Cr.P.C did not …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 1 month ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act
2 years, 7 months ago

Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act

Live Law  

Observing that "She had no criminal intention in the initial stage while obtaining the certificate and seeking reservation and got appointment, but she bonafidely believed that she will get the caste of her husband in view of marrying the person who belongs to member of SC/ST," the Karnataka High Court recently quashed the criminal proceedings pending against a 68-year-old woman, …

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
2 years, 10 months ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional …

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court
2 years, 10 months ago

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court

Live Law  

The Kerala High Court has recently ruled that when a victim of offences under the Scheduled Castes and Scheduled Tribes Act makes a request to video record the trial proceedings, a court cannot turn it down even if sexual offences are involved. Justice Kauser Edappagath noted that Section 15A of the Act which permits video-recording of all proceedings is in …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 2 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court
3 years, 2 months ago

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court

Live Law  

The Supreme Court observed that criminal proceedings under SC-ST Act, is not vitiated merely because the magistrate had taken cognizance and committed the case to Special Court.The bench of Justices MR Shah and Aniruddha Bose observed that the insertion of second proviso to Section 14 of the Act only gives additional powers to the Special Court to take cognizance. The …

Constitutional court can quash criminal proceedings even in non-compoundable offences: Supreme Court
3 years, 3 months ago

Constitutional court can quash criminal proceedings even in non-compoundable offences: Supreme Court

Hindustan Times  

New Delhi: The Supreme Court on Wednesday ruled that a constitutional court has the power to quash criminal proceedings after parties arrive at a compromise even in cases that cannot be settled ordinarily under the law. The Supreme Court ruled that a constitutional court has the power to quash criminal proceedings after parties arrive at a compromise even in cases …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 3 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

SC verdict upholding Centre's amendments to SC/ST Atrocities Act restores law's original intent, corrects flawed 2018 judgment
4 years, 10 months ago

SC verdict upholding Centre's amendments to SC/ST Atrocities Act restores law's original intent, corrects flawed 2018 judgment

Firstpost  

The apex court’s verdict of March 2018 on the Atrocities Act would have rendered a crucial legislation meant to protect the marginalised sections of society toothless. The Supreme Court’s judgment on Monday upholding the amendments made by the Centre through the Scheduled Castes and Scheduled Tribes Amendment Act, 2018, is a welcome act of self-correction. After the Supreme Court’s 2018 …

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]
4 years, 11 months ago

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.The bench comprising of Justice Uday Umesh Lalit and Justice Vineet Saran said that, in certain cases the very same set of facts may give rise to remedies in civil as well …

SC/ST Act: Supreme Court recalls directions of March 2018 verdict
5 years, 3 months ago

SC/ST Act: Supreme Court recalls directions of March 2018 verdict

India TV News  

The Supreme Court on Tuesday recalled its direction in the March 20, 2018 verdict which had virtually diluted provisions of arrest under the SC/ST Act. Indicating that it would pass certain directions to "bring in equality" as per provisions of the law, the top court had said people belonging to scheduled castes and scheduled tribes are subjected to "discrimination" and …

Supreme Court recalls verdict diluting SC/ST anti-atrocities law
5 years, 3 months ago

Supreme Court recalls verdict diluting SC/ST anti-atrocities law

The Hindu  

Correcting an error of judgment, the Supreme Court on Tuesday recalled its March 20, 2018 verdict, which bent the written law to protect persons accused of committing atrocities against the Scheduled Castes and the Scheduled Tribes. Goel diluted the Scheduled Castes and Scheduled Tribes Act of 1989, to grant anticipatory bail to accused persons and directed that the police should …

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