Fit Case To Invoke Article 142 Powers: SC Quashes Cross FIRs Lodged By Govt. College Employees Against Each Other Recording Settlement
The Supreme Court quashed the Cross FIRs registered at the instance of the Principal and Assistant Professors of Haldwani’s Moti Ram Babu Ram Government Post Graduate College against each other after noting that they had settled the matter.
The Court observed that this was a fit case wherein, in order to give an end to the criminal proceedings between the parties, the proceedings can be quashed by invoking its powers under Article 142 of the Constitution.
The Appeal before the Apex Court challenged the Uttarakhand High Court judgment quashing the proceedings under Sections 3(1)(r) and (s) of the SC/ST Act and rejecting the plea to quash the proceedings under Sections 504 and 506 of IPC.
The Division Bench comprising Justice B.R.Gavai and Justice K.V. Viswanathan noted, “It is reported by the learned counsel for the parties that the mediation has been successful and parties on both the sides have resolved to give an end to the criminal proceedings filed against each other.”
AOR Anagha S. Desai represented the Appellants while AOR Manan Verma represented the Respondents.
The First Information Report (FIR) was lodged by the Respondents Nos.2 to 6 against the appellant under Sections 389, 504 and 506 of the IPC and Sections 3(1)(r) and (s) of the SC/ST Act. On the basis of the FIR, investigation was conducted and at the conclusion of the investigation a charge-sheet came to be filed. The respondent No.2, who is the first informant, was working as the Principal of the Moti Ram Babu Ram Govt. Post Graduate College, Haldwani, Uttarakhand, whereas the appellant and Respondent Nos.3 to 6 were employed as Assistant Professors in the said College.
It was alleged that the respondents herein harassed the appellant on multiple occasions, which was reported to the higher authorities. However, since no steps were taken on the basis of her complaint, the appellant was compelled to file an FIR. The High Court, after considering the material placed on record, found that since the utterances on the basis of caste made by the appellant against Respondent No.6 were not made only on account of respondent No.6 belonging to a Scheduled Caste but on account of a pre-existing dispute between the parties, the case could not proceed under the provisions of the SC/ST Act.
The Bench noticed that on earlier occasion, the Apex Court, taking into consideration that the accused in both the FIRs were the employees of a Government College, it was felt appropriate that an attempt be made to settle the matter amicably. The matter was therefore referred to mediation.
It was brought to the Court’s notice that the mediation had been successful and parties on both sides resolved to give an end to the criminal proceedings. The settlement agreement was also placed on record along with the joint application filed by the parties seeking the quashing of the cross FIRs in view of the Settlement Agreement.
“We find that this is a fit case wherein, in order to give an end to the criminal proceedings between the parties, who are employees of an educational institution, the proceedings can be quashed by this Court by invoking its powers under Article 142 of the Constitution of India.”
Allowing the appeal, the Bench quashed the cross FIRs registered at the instance of the parties against each other.
Cause Title: Shubra P Kandpal v. The State of Uttarakhand And Others (Neutral Citation: 2024 INSC 982)
Appearance:
Appellant:AOR Anagha S. Desai, Advocates Satyajit A Desai, Siddharth Gautam, Abhinav K. Mutyalwar, Sachin Singh, Ananya Thapliyal, Preetraj R. Dhok
Respondents: AOR Manan Verma, AOR Vikash Chandra Shukla, Advocates Ishita Bist, Sumit Kumar, Kunal Singh
