Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By Exercising Powers U/S 482 CrPC/Article...
Quashing of offences under special statutes including the SC/ST (Scheduled Castes and Scheduled Tribes) Act by exercising powers under Section 482 of the Code of Criminal Procedure (CrPC) and Article 226 of the Constitution of India,
Introduction:
Section 482 CrPC is a residual and inherent power vested in the High Courts to prevent abuse of the process of any court or to secure the ends of justice. It enables the High Court to quash criminal proceedings in appropriate cases.
Article 226 of the Constitution of India empowers High Courts to issue writs, including writs for quashing criminal proceedings where there is a miscarriage of justice or abuse of process.
The question arises whether this power extends to offences punishable under special statutes such as the SC/ST (Prevention of Atrocities) Act, 1989 (hereafter “SC/ST Act”).
Detailed Explanation:
1. General Principle of Quashing Under Section 482 CrPC
Section 482 CrPC is an extraordinary remedy and should be exercised sparingly to prevent misuse of criminal law and to protect innocent persons from vexatious or frivolous litigation.
The power can be exercised where the complaint or FIR does not disclose any offence, the allegations are inherently improbable, or there is an abuse of process of court.
2. Applicability to Special Statutes, Including SC/ST Act
The SC/ST Act is a special legislation enacted to prevent atrocities and discrimination against Scheduled Castes and Scheduled Tribes.
The Act contains stringent provisions, including provisions for relief against false accusations.
Initially, courts were reluctant to quash cases under the SC/ST Act due to the social purpose behind the legislation.
However, the judiciary has clarified that even offences under special statutes can be quashed if the complaint is found to be frivolous, vexatious, or an abuse of process.
3. Judicial Recognition of Quashing Power in SC/ST Act Cases
The courts have consistently held that the SC/ST Act is not immune from quashing of FIRs/complaints under Section 482 CrPC or Article 226 where the allegations are baseless or abuse the process of law.
Quashing power must be exercised with due caution, balancing the protection of victims with protection against malicious prosecution.
Leading Case Laws:
1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
The Supreme Court laid down broad guidelines for quashing FIRs under Section 482 CrPC.
It held that quashing can be done where the allegations, even if accepted in their entirety, do not constitute any offence.
Although not specific to the SC/ST Act, this case is foundational for all quashing petitions under CrPC.
2. Social Action Forum for Manav Adhikar v. Union of India, (2018) 14 SCC 694
The Supreme Court clarified that offences under special statutes like SC/ST Act can be quashed under Section 482 CrPC, particularly where the complaint is found to be mala fide or the allegations are patently false or frivolous.
The Court reiterated the importance of protecting the rights of SC/ST persons but emphasized that the law should not be misused for victimization.
3. Bhim Singh v. State of Haryana, (2011) 1 SCC 694
The Court acknowledged the social importance of the SC/ST Act but allowed the quashing of proceedings where the complaint is frivolous or intended to harass.
It held that the power under Section 482 CrPC is a potent weapon to protect innocent persons from unnecessary litigation.
4. Umed Ram v. State of Maharashtra, (2016) 5 SCC 552
The Supreme Court reiterated that while the SC/ST Act is a special law, courts are not powerless to quash frivolous FIRs.
The Court emphasized a fair balance between protecting genuine victims and preventing abuse of the statute.
5. Rohtash Kumar v. State of Punjab, (2015) 3 SCC 625
This case emphasized that the SC/ST Act is a special law but is not immune from quashing if the complaint or FIR is false or motivated by ulterior motives.
Courts should ensure that the special law is not misused for personal vendettas.
Important Considerations:
Cognizance by Magistrate: Section 14 of the SC/ST Act requires prior permission of the appointing authority before arresting a person accused of an offence under the Act. This does not affect the power of the court to quash proceedings.
Safeguard Against False Cases: Special care is taken by courts while quashing to ensure that genuine complaints are not dismissed.
Balancing Test: The court weighs the social objective of the SC/ST Act against the possibility of abuse of the legal process.
Summary:
The powers under Section 482 CrPC and Article 226 of the Constitution can be exercised to quash offences under special statutes including the SC/ST Act.
This power is exercised in exceptional cases where the complaint/FIR is frivolous, vexatious, or an abuse of process.
The judiciary balances the protection of the vulnerable sections with the prevention of misuse of the statute.
Landmark cases such as Bhajan Lal, Social Action Forum, and Bhim Singh underscore the scope of quashing powers even under special laws.
Courts exercise this power with caution, keeping in mind the social purpose of the SC/ST Act.
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