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TMI Blog1993 (11) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... and abuses in terms of 'Bhangi'. 'sala-dheda', 'neech', and 'down-caste', 'harijans', etc., etc., and thereafter illegally detained in one room by two Bharwads namely - Rupabhai Bhalabhai and Bhagabhai Darabhai took place on 27-5-1991 at 5-00 p.m. at Palanpur. On the basis of these allegations, Ramanbhai Moghabhai filed a complaint on 28-5-1991 against the said two accused before P.S.I., Modasa Town Police Station for the offences punishable under Sections 323 and 324 of the Indian Penal Code, Sections 3 & 7 of the Protection of Civil Rights Act, 1955 (for short 'Civil Rights Act') and Section 3(xiv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act'). After the investigation was over, the respondent-Bharwad Rupabhai Bhalabhai and Bhagabhai Darabhai came to be charge-sheeted to stand trial for the aforesaid alleged offences before the Special Court at Himatnagar. 3. The trial Court after duly appreciating the prosecution evidence brought on the record, acquitted Bharwad Bhagabhai Darabhai, while convicted and sentenced the appellant-Bharwad Rupabhai Bhalabhai for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. Mr. K.C. Shah, the learned A.P.P. for the respondent-State submitted that ordinarily the State is not against the compounding of the offences when the parties have amicably settled the matter outside the Court for the ordinary offences under the Indian Penal Code, But having regard to the most important fact that in the present case, the alleged offences are quite serious offences, i.e., under the Civil Rights Act as Well as the Atrocities Act, and that there is no express provision for compounding the same, he feels that neither the parties are entitled to pray for compounding of the offences nor the Courts are empowered to grant the same! The learned A.P.P. further submitted that both - the Civil Rights Act and the Atrocities Act are the special Acts enacted with a view to specially protect the victimised, down-trodden Harijans who are from ages looked down as a down-caste with contempt and the atrocities are still perpetrated even after the Father of the Nation - Mahatma Gandhi championed the cause for such people. The learned A.P.P. making good his submission invited attention of this Court to Section 320 of the Code which pertains to compounding of the offences, wherein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court which may ultimately bring about peace and harmony between the two classes of the Society which is fundamental pre-requisite for the maintenance of the "Rule of Law", "Justice" and the overall happy and peaceful society. One can quite understand that the grave and cold-blooded offences like murder, dacoity, rape, child-lifting or any such type of grave offences are not rightly made compoundable. One can as well also understand the cases where the Court feels that composition of the offences arrived at between the parties is not genuine and voluntary but has been brought about by some threats, inducements and coercions, the Court would be justified in refusing the same. But certainly, in cases wherein the offence takes place all-of-a-sudden, in a heat of the moment and comparatively of a mild nature, and ultimately when the wisdom prevails and the passion cools down, if the aggrieved party coming to the senses, on being persuaded by some respectable persons of the area, to compound the offence which they voluntarily agree to do the same, there indeed should not be any difficulty for the Court to grant composition of the alleged offence either prior or eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... area concerned to find out as to whether the same was voluntary, genuine and truthful or not, as has been throughout advisable and done by this Court in a reported decision in case of the State of Gujarat v. Rajput Bhikaji Kaluji and Ors. But in the facts of the present case, this ordinary practice is not resorted to by this Court for the simple reason that not only the complainant but about 10 to 15 other persons of his community were also present before this Court when compromise purshis was submitted, which indicates beyond any manner of doubt that the same was not brought under any threat, inducement or coercion. Further in order to test the truthfulness and genuineness of the compromise purshis, this Court of its own has put certain questions to the respective sides and reached to the conclusion that the same was indeed voluntary, genuine and truthful, and there was no reason for this Court to doubt the same. It is under these circumstances that the Court is inclined to accept the compromise between the parties. However, by way of abundant caution and in order to rule out the possibility of the aggrieved S.C. & S.T, complainant is brow-beaten or coerced to enter into the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be dropped. The alleged Acts constituting the offence took place in August, 1980 and it would appear that both parties have forgotten the incident totally as is clear from the endorsement made by the parties in person before this Court. In these circumstances it will be but just and expedient to up hold the compromise and record the same The aforesaid observations of Madras High Court are required to be whole-heartedly endorsed and in that view of the matter, though there is no express provision in either of the aforesaid two Acts, viz., the Civil Rights Act and the Atrocities Act, regarding composition of the offences, still however, invoking inherent powers under Section 482 of the Code, this Court declares that the Court is definitely empowered to compound the offence under the Civil Rights Act and the Atrocities Act, depending upon the facts and circumstances of that particular case. Not only that but merely because the minimum sentence is prescribed, that by itself cannot be permitted to come in the way to settle the matter, where the aggrieved party himself is ready and willing to settle the same. The apprehension of Mr. Shah that such a compromise would be against the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for which the class-hatred, vindictiveness and the resultant fire of discontent between the casteists and aggrieved Harijans would not have extinguished in the area. Thus, here is a case where the persons, who day-in and day-out commit such atrocities upon the members of the SCs & STs must take a lesson from this humane and gracious conduct shown by none other than the victim and member of the supressed class of the society. It is this spirit of compromise which has put the complainant at the top of the glory over the fanatic casteist. When this much has been said in favour of the aggrieved complainant, even the accused-Bharwad Rupabhai also deserves some compliments. He also seriously repenting submitted that not only he was sorry for whatever has happened but is also ready and willing to contribute some amount which may be utilised for the welfare of the community. Though this Court appreciates this noble and generous gesture of the accused, but at the sametime, such financial transaction is not the concern of Court as it has nothing to do with this compromise. The compromise should not only be honest, truthful, voluntary and genuine but should also be unconditional. 8. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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