Supreme Court Allows Appeal and Quashes SC/ST Act Proceedings Against Appellant for Alleged Caste Abuse in Private Office — Incident Not in 'Public View' Under Sections 3(1)(r) and 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989. Alleged Abuse Occurred Inside Complainant's Office Chamber, Not Open to Public View, Thus Ingredients of Offence Not Made Out.

Criminal appeal against High Court order dismissing petition under Section 482 CrPC to quash proceedings under SC/ST Act and IPC.

Appellant sought quashing of proceedings in Spl. S.C. No. 7 of 2022 pending before the I-Additional District and Sessions Judge (PCR), Tiruchirappalli.

Appellant alleged that the ingredients of offences under Sections 3(1)(r) and 3(1)(s) of SC/ST Act were not made out as the incident did not occur in a place within public view.

High Court of Madras at Madurai dismissed the appellant's petitions under Section 482 CrPC on 28th February 2024, holding that no prejudice would be caused to appellant if subjected to trial.

Whether the alleged incident of caste abuse inside a government office chamber constitutes an offence under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, given the requirement of 'any place within public view'. Whether the High Court erred in not exercising its inherent powers under Section 482 CrPC to quash the proceedings when the allegations did not prima facie constitute the alleged offences.

Appellant's counsel submitted that even taking the allegations in the FIR at face value, the ingredients of Sections 3(1)(r) and 3(1)(s) of SC/ST Act are not made out, and the High Court ought to have quashed the proceedings. Respondents' counsel submitted that after detailed investigation, a charge-sheet was filed, and the High Court found no case for quashing, thus no interference is warranted.

For an offence under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, the insult or abuse must occur in a place within public view, meaning a place open to members of the public to witness or hear. An incident inside a private office chamber, even if colleagues arrive later, does not satisfy this requirement. When the allegations, taken at face value, do not constitute the alleged offence, the High Court should exercise its inherent powers under Section 482 CrPC to quash the proceedings to prevent abuse of process.

A perusal of Section 3(1)(r) of the SC-ST Act would reveal that for constituting an offence thereunder, it has to be established that the accused intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view. It could thus be seen that, to be a place ‘within public view’, the place should be open where the members of the public can witness or hear the utterance made by the accused to the victim. We are, therefore, of the considered view that since the incident has not taken place at a place which can be termed to be a place within public view, the offence would not come under the provisions of either Section 3(1)(r) or Section 3(1)(s) of the SC-ST Act.

On 2nd September 2021, the incident occurred. Crime No. 676 of 2021 was registered. After investigation, charge-sheet was filed, and the case was committed to Sessions Court as Spl. S.C. No. 7 of 2022. Appellant filed petitions under Section 482 CrPC before the High Court of Madras at Madurai, which were dismissed on 28th February 2024. Appellant then filed Special Leave Petitions before the Supreme Court, which were granted and converted into Criminal Appeals.

• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(r), 3(1)(s)
• Code of Criminal Procedure, 1973: 482
• Indian Penal Code, 1860: 294(b), 353