Supreme Court of India
Shubra P Kandpal vs The State Of Uttarakhand on 3 December, 2024
Author: B.R. Gavai
Bench: B.R. Gavai
2024 INSC 982 NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(Arising out of SLP(Crl.) No. 8401 of 2023)
SHUBRA P KANDPAL …APPELLANT(S)
VERSUS
THE STATE OF UTTARAKHAND
AND OTHERS …RESPONDENT(S)
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. This appeal challenges the judgment and order passed
by the learned Single Judge of the High Court of Uttarakhand
at Nainital in Criminal Misc. Application No. 355 of 2022,
vide which the learned Single Judge partly allowed the
petition preferred by the appellant under Section 482 of the
Code of Criminal Procedure, 1873 (for short, ‘Cr.P.C.’) for
quashing of the order dated 8th February 2022 passed by the
Special Judge, SC/ST Act vide which the learned Special
Judge had taken cognizance of the charges under Sections
Signature Not Verified
504 and 506 of the Indian Penal Code, 1860 (for short, ‘IPC’)
Digitally signed by
NARENDRA PRASAD
Date: 2024.12.13
18:31:33 IST
Reason:
and Sections 3(1)(r) and (s) of the Scheduled Castes and
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Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short, ‘the SC/ST Act’) as well as for quashing of the entire
proceedings pending against the appellant. The High Court
had quashed the proceedings under Sections 3(1)(r) and (s) of
the SC/ST Act, however, refused to quash the proceedings
under Sections 504 and 506 of IPC.
3. The First Information Report (FIR) No.507 dated 19th
September 2021 was lodged at P.S. Haldwani, Nainital by
Respondent Nos.2 to 6 against the appellant herein 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.
4. The respondent No.2 herein, 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.
5. It is the case of the appellant that the respondents
herein harassed the appellant on multiple occasions, which
was reported to the higher authorities. However, since no
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steps were taken on the basis of her complaint, the appellant
was compelled to file FIR No.506 of 2021 dated 19th
September 2021 under Section 354-A of the IPC against
respondent Nos.2 to 6.
6. Learned Single Judge of 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.
7. Insofar as the other offences under the IPC are
concerned, the learned Judge found that the material placed
on record would show that a prima facie case was made out
against the appellant.
8. On an earlier occasion, when the matter was being
heard by this 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
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therefore referred to mediation.
9. We have heard Ms. Anagha S. Desai, learned counsel for
the appellant, Shri Manan Verma, learned counsel appearing
for the State of Uttarakhand and Shri Kunal Singh, learned
counsel appearing for Respondent Nos.2 to 6.
10. 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. The settlement agreement dated
18th November 2024 is also placed on record along with the
joint application filed by the learned counsel for the parties
seeking the quashing of the cross FIRs in view of the
Settlement Agreement.
11. 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.
12. The cross FIRs, one filed by the appellant against
Respondent Nos.2 to 6 and the other lodged by Respondent
Nos.2 to 6 against the appellant i.e. FIR Nos.506 of 2021 and
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507 of 2021 lodged at Police Station Haldwani, Nainital are
quashed and set aside. The appeal is accordingly allowed.
13. We place on record our appreciation for the efforts made
by Ms. Manjeet Chawla, learned Mediator, Ms. Anagha S.
Desai and Shri Kunal Singh, learned counsel for Respondent
Nos.2 to 6 to give an end to the criminal proceedings between
the parties.
14. Pending application(s), if any, shall stand disposed of.
…………………………J.
(B.R. GAVAI)
…………………………J.
(K.V. VISWANATHAN)
NEW DELHI;
DECEMBER 03, 2024.
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