Patna High Court

Pankaj Kumar Sinha @ Pankaj KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The High Court held that the alleged conduct does not constitute an offence under Section 3(1)(x) of the SC/ST Act and quashed the criminal proceedings.

Summary

Pankaj Kumar Sinha appealed against the rejection of his pre‑arrest bail under the SC/ST Act, alleging that he, as an LIC agent, misappropriated Rs 23 lakh belonging to the complainant. The trial court had taken cognizance of offences under IPC sections 420 and 324 and Section 3(1)(x) of the SC/ST Act. The High Court observed that the allegations were essentially a civil‑property dispute, there was no specific allegation of a public‑view insult or intimidation, and the complainant had voluntarily entered into a compromise. Relying on the Supreme Court’s decision in Ramawatar v. State of MP, the Court held that the matter could be quashed under Article 142 and Section 482 CrPC. Consequently, the appeal was allowed, the criminal proceedings were quashed, and the parties were directed to pursue mediation.

Issues considered

Whether the alleged conduct falls within the ambit of Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
Whether the High Court can quash criminal proceedings on the ground that the dispute is private/civil in nature and a voluntary compromise has been reached.
Whether the appellant is entitled to pre‑arrest bail under the SC/ST Act.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Constitution of India — s. Article 142
Indian Penal Code — s. 324, 420
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(x)

Subjects

SC/ST Act
quashment
compromise
civil dispute
pre‑arrest bail
Article 142
Section 482 CrPC
IPC 420
IPC 324
mediation

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3232 of 2025
Arising Out of PS. Case No.-97 Year-2022 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
Pankaj Kumar Sinha @ Pankaj Kumar, male, aged about 50 years, S/o Late
Bhuneshwar Prasad @ Bhuvneshwar Prasad, R/o Village- Maudah Chatur,
P.S.-Patepur, District-Vaishali

... ... Appellant/s
Versus
1. The State of Bihar
2. Mukesh Kumar Ram S/o Late Laxman Ram r/o vill - Khorampur Dumriya,
P.S. - Salempur (Kathara O.P.), Distt.- Vaishali

... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar Jha, Advocate
For the O.P. No. 2 : Mr. Prashant Kumar, Advocate
For the State : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER

3 23-02-2026 Heard Mr. Sanjay Kumar Jha, learned counsel

appearing on behalf of the appellant; Mr. Prashant Kumar,

learned counsel for OP No.2 and Mrs. Usha Kumari 1, learned

Spl. PP for the State.

2. The appellant has preferred the present appeal

under Section 14(A) (2) of Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act against the rejection of

prayer for pre-arrest bail, vide order dated 25.07.2025 passed by

the learned Exclusive Special Judge- SC/ST Act, Vaishali at

Hajipur in ABP No.1876 of 2025 arising out of Complaint Case

No.97 of 2022, registered for the offences under Sections 420
Patna High Court CR. APP (SJ) No.3232 of 2025(3) dt.23-02-2026
2/6

and 324 of the Indian Penal Code and Sections 3(1)(x) of SC/ST

Act.

3. As per the allegations made in the complaint

petition, the appellant, who is stated to be an LIC agent, is

alleged to have dishonestly misappropriated about sum of

rupees twenty three lakhs of the informant, which was entrusted

to him by the informant for the purpose of deposit towards his

premium of his LIC policy.

4. I have perused the allegation made in the

complaint, from which it appears that the appellant is an LIC

agent and altogether more than rupees twenty three lacs were

deposited by the informant in respect of a policy, which was

opened in the name of the informant. It is admitted by the

appellant that a cheque of Rs. 1,61,115/- was issued by him in

the name of the informant, which got dishonored in want of

sufficient fund. However, the informant has not given reference

of his bank account, which at the relevant point of time, was

standing in Sumerganj Branch of the State Bank of India. On the

face of allegation, case under Sections 420 and 324 of the Indian

Penal Code is attracted against the appellant. However, I find

that in absence of any specific allegation that the incidence had

taken place in public view, no case under Sections 3(1)(x) of
Patna High Court CR. APP (SJ) No.3232 of 2025(3) dt.23-02-2026
3/6

SC/ST Act is made out against the appellant. As the appellant

has not denied that he was not an LIC agent at the relevant point

of time and, at the same time, there is no specific denial that the

cheque dated 05.10.2021 for a sum of Rs. 1,61,115/- was not

issued by the appellant in favour of the informant.

5. Under above facts, based on information, I find that

primarily the allegation has civil texture, in such circumstances,

the respective parties, if so advised, they may settle their dispute

outside the Court amicably in light of the law laid down by the

Apex Court in the case of Ramawatar Vs. State of Madhya

Pradesh, reported in (2022) 13 SCC 635 and in this regard, I

find it apt to reproduce paragraphs no. 17 to 20, which inter alia

are as follows:

" 17. On the other hand, where it appears to the
Court that the offence in question, although covered under
the SC/ST Act, is primarily private or civil in nature, or
where the alleged offence has not been committed on
account of the caste of the victim, or where the continuation
of the legal proceedings would be an abuse of the process of
law, the Court can exercise its powers to quash the
proceedings. On similar lines, when considering a prayer
for quashing on the basis of a compromise/settlement, if the
Court is satisfied that the underlying objective of the Act
would not be contravened or diminished even if the felony
in question goes unpunished, the mere fact that the offence
is covered under a “special statute” would not refrain this
Court or the High Court, from exercising their respective
powers under Article 142 of the Constitution or Section
482CrPC.
18. Adverting to the case in hand, we note that
the present appellant has been charged and convicted under
the unamended Section 3(1)(x) of the SC/ST Act [ Section
3(1)(x) of the Act stands substituted by Act 1 of 2016 w.e.f.
26-1-2016.] , which was as follows:
Patna High Court CR. APP (SJ) No.3232 of 2025(3) dt.23-02-2026
4/6

“3. Punishments for offences of atrocities.—
(1) Whoever, not being a member of a Scheduled Caste or a
Scheduled Tribe—
(x) intentionally insults or intimidates with
intent to humiliate a member of a Scheduled Caste or a
Scheduled Tribe in any place within public view;”
19. We may hasten to add that in cases such as
the present, the courts ought to be even more vigilant to
ensure that the complainant-victim has entered into the
compromise on the volition of his/her free will and not on
account of any duress. It cannot be understated that since
members of the Scheduled Caste and Scheduled Tribe
belong to the weaker sections of our country, they are more
prone to acts of coercion, and therefore ought to be
accorded a higher level of protection. If the courts find even
a hint of compulsion or force, no relief can be given to the
accused party. What factors the courts should consider,
would depend on the facts and circumstances of each case.
20. Having considered the peculiar facts and
circumstances of the present case in light of the aforestated
principles, as well as having meditated on the application
for compromise, we are inclined to invoke the powers under
Article 142 and quash the instant criminal proceedings with
the sole objective of doing complete justice between the
parties before us. We say so for the reasons that:
20.1.Firstly, the very purpose behind Section
3(1)(x) of the SC/ST Act is to deter caste-based insults and
intimidations when they are used with the intention of
demeaning a victim on account of he/she belonging to the
Scheduled Caste/Scheduled Tribe community. In the present
case, the record manifests that there was an undeniable pre-
existing civil dispute between the parties. The case of the
appellant, from the very beginning, has been that the
alleged abuses were uttered solely on account of frustration
and anger over the pending dispute. Thus, the genesis of the
deprecated incident was the aforestated civil/property
dispute. Considering this aspect, we are of the opinion that
it would not be incorrect to categorise the occurrence as
one being overarchingly private in nature, having only
subtle undertones of criminality, even though the provisions
of a special statute have been attracted in the present case.
20.2.Secondly, the offence in question, for
which the appellant has been convicted, does not appear to
exhibit his mental depravity. The aim of the SC/ST Act is to
protect members of the downtrodden classes from atrocious
acts of the upper strata of the society. It appears to us that
although the appellant may not belong to the same caste as
the complainant, he too belongs to the relatively
weaker/backward section of the society and is certainly not
in any better economic or social position when compared to
the victim. Despite the rampant prevalence of segregation
Patna High Court CR. APP (SJ) No.3232 of 2025(3) dt.23-02-2026
5/6

in Indian villages whereby members of the Scheduled Caste
and Scheduled Tribe community are forced to restrict their
quarters only to certain areas, it is seen that in the present
case, the appellant and the complainant lived in adjoining
houses. Therefore, keeping in mind the socio-economic
status of the appellant, we are of the opinion that the
overriding objective of the SC/ST Act would not be
overwhelmed if the present proceedings are quashed.
20.3.Thirdly, the incident occurred way back in
the year 1994. Nothing on record indicates that either
before or after the purported compromise, any untoward
incident had transpired between the parties. The State
Counsel has also not brought to our attention any other
occurrence that would lead us to believe that the appellant
is either a repeat offender or is unremorseful about what
transpired.
20.4.Fourthly, the complainant has, on her own
free will, without any compulsion, entered into a
compromise and wishes to drop the present criminal
proceedings against the accused.
20.5.Fifthly, given the nature of the offence, it is
immaterial that the trial against the appellant had been
concluded.
20.6.Sixthly, the appellant and the complainant
parties are residents of the same village and live in very
close proximity to each other. We have no reason to doubt
that the parties themselves have voluntarily settled their
differences. Therefore, in order to avoid the revival of
healed wounds, and to advance peace and harmony, it will
be prudent to effectuate the present settlement."

6. Based on the above analysis, the Apex Court has

drawn conclusion in paragraph no. 21, which inter alia is as

follows:

"21. Consequently, and for the
aforementioned reasons, we find it appropriate to
invoke our powers under Article 142 of the
Constitution and quash the criminal proceedings to
do complete justice between the parties. As a sequel
thereto, judgment and orders passed by the trial
court and the High Court [Kodulal v. State of M.P.,
Criminal Appeal No. 1684 of 1995, order dated 2-8-
2010 (MP)] are set aside. Bail bonds, if any, are
discharged. The appeal is allowed in above terms"
Patna High Court CR. APP (SJ) No.3232 of 2025(3) dt.23-02-2026
6/6

7. If the parties desire to resolve the dispute outside

the Court amicably by way of mediation, learned District Court

is directed to take necessary steps to issue notices to the

respective parties and upon their appearance, refer the matter

before the learned Mediator of the District Mediation Center by

fixing a date for appearance of the parties to give effect to

Mediation 2.0.

8. Accordingly, the impugned order is modified to the

above extent.

9. Learned District Court is directed to fix a date for

appearance of the parties and, thereafter, refer the matter for

mediation if the parties so desire or, in alternative, pass fresh

order if the petitioner fails to negotiate in accordance with law.

10. The present application stands disposed of.

(Purnendu Singh, J)
Niraj/-

U T

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