Tanya Gupta
Published on: March 9, 2022 at 20:49 IST
In the Case of Puran Chand Gupta and Ors Vs. The State of National Capital Territory (NCT) of Delhi and Anr, the Delhi High Court held that while Dismissing the Criminal Proceedings under Special Statutes like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) the Courts should be extremely Cautious.
While refusing to Dismiss a First Information Report (FIR) filed Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) on the Basis of a Compromise reached between the Parties, Justice Chandra Dhari Singh observed,
“…It is Important to Reiterate that unless the Provisions of the Act are enforced in their True Letter and Spirit, and the Legislative Intent underlying the Act is manifested, the Vision of a Society Free of Caste-Based Discrimination will only remain a Distant Dream.”
The Court was hearing a Petition filed by Three Persons seeking the Dismissal of First Information Report (FIR) on the basis that they had reached an Agreement with the Complainant.
Following a Dispute over Painting and Tiling Work, it was Alleged that the Accused have Harassed and used Derogatory Caste-Based Comments against the Complainant.
Only after Filing a Written Complaint with the Deputy Commissioner of Police (DCP), Dwarka was the Complainant’s First Information Report was Registered.
The Court held that the Ill-Behavior and Comments made against him were completely Unsolicited with the sole Motive to Humiliate him for a Petty Sum of Money.
“Therefore, the Offense in the instant Case being not of a Predominantly Civil Nature and being committed Solely on the Basis of Caste of Victim, the rigors of Scheduled Castes/ Scheduled Tribe Act being a Special Statute, enacted with a Specific Noble Legislative Intent that must be given effect in its Letter and Spirit, cannot be diluted by Quashing the FIR in question on the Basis of Compromise,” the Court affirmed.
Justice Singh, in his order, stated, “At the Time of Independence, the Lofty Ideals of Liberty, Equality, and Fraternity were just Utopian Principles that were although guaranteed by Law, but not Present on the Ground. It was for the Welfare of the Downtrodden and Vulnerable that the Ameliorative and Remedial Measures were brought in to ensure that their Civil Rights are Protected and Equality in Principle is Adopted in Practice.”
The Court held that in these Backgrounds, the Vulnerability of Weaker Sections must be considered ensuring their Own Free Will.
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