Power of the Higher Courts to quash the criminal proceedings in non-compoundable offence and offences under Special Statutes
In the matter of Ramawatar Vs. State of Madhya Pradesh(Cr. A. No. 1393/2011) [decided on 25.10.2021], two important questions of law came for consideration before the Hon’ble Supreme Court regarding the jurisdictions of the Supreme Court and the High Court. The first question was whether the jurisdiction of the Supreme Court under Article 142 of the Constitution of India and of the High Courts under Section 482 of the Code of Criminal Procedure can be invoked for quashing proceedings arising out of a ‘non-compoundable offence’? If the answer is ‘yes’, a follow up question that arose for consideration was whether such power to quash can be extended to the criminal proceedings relating to offences under Special Statutes like the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”)?
The issue arise out of the following facts. The appellant Ramawatar was convicted by the Trial Court for offences under Section 3(1)(x) of the SC/ST Act and was sentenced to six months rigorous imprisonment and a fine Rs. 1000/-. His appeal against conviction was dismissed by the Hon’ble High Court of Madhya Pradesh and against the said dismissal of his appeal, he preferred the aforesaid Criminal Appeal No. 1393/2011 before the Hon’ble Supreme Court. However, by the time the case reached for hearing before the Hon’ble Supreme Court, the matter was settled between the appellant and the complainant and therefore the appellant prayed for invoking Article 142 of the Constitution of India to quash the instant criminal proceedings against him.
The Hon’ble Supreme Court referred to its earlier decision in the case of Ramgopal & Anr. Vs. State of Madhya Pradesh [Cr. A. No. 1489/2012] where identical questions were answered in affirmative and it was clarified that the jurisdiction of a Court under Section 320 of the Code of Criminal Procedure cannot be construed as a proscription against invocation of inherent powers vested in the Supreme Court under Article 142 of the Constitution of India and in the High Courts under Section 482 of the Code of Criminal Procedure. Referring to the said decision, the Hon’ble Supreme Court held that the touchstone to exercise powers under Article 142 of the Constitution of India and under Section 482 of the Code of Criminal Procedure is to do complete justice and therefore it cannot have any fetters.
The Hon’ble Supreme Court answered the second question also in affirmative and held that powers under Article 142 of the Constitution of India and under Section 482 of the Code of Criminal Procedure can be exercised to quash the criminal proceedings relating to offences under special statutes like the SC/ST Act also.
The Hon’ble Supreme Court, however, put certain caveats for exercise of such inherent powers. Referring to the case of Ramgopal, the Hon’ble Supreme Court held that such powers must be exercised bearing in mind (i) the nature and effect of the offence on the consciousness of the society; (ii) the seriousness of the injury, if any; (iii) voluntary nature of the compromise between the accused and the victim; (iv) conduct of the accused persons prior to and after the occurrence of the offence; and/or (v) other relevant considerations.
The Hon’ble Supreme Court put a further caveat that powers under Article 142 of the Constitution of India and under Section 482 of the Code of Criminal Procedure are exercisable in post-conviction cases only if appeal is pending before one Court or the other. Such powers cannot be exercised after all the remedies have been exhausted and the conviction and sentence have attained finality. In other words, it was held that pendency of judicial proceedings at some stage is a sine-qua-non for exercise of such powers. Relying on the Constitution Bench Decision in the case of Supreme Court Bar Association Vs. Union of India & Anr.[(1998) 4 SCC 409], the Hon’ble Supreme Court held that such powers cannot be controlled by any statutory provisions, however, while exercising such powers in relation to offences punishable under special statutes like ST/ST Act the Court will be extremely circumspect in its approach. The mere fact that the offence is covered under the special statute will not restrain the Supreme Court or the High Courts to exercise their respective powers under Article 142 of the Constitution of India and Section 482 of the Code of Criminal Procedure. However, while exercising such powers the Court must be satisfied that the underlying objective of the special stature would not be contravened or diminished by such exercise of powers.
