Case Note & Summary
The petitioners, who are family members, filed three writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.57 of 2020 registered at Satana Police Station, Nashik, for offences under Sections 323, 504, 506 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by respondent No.2, Namdeo Pandurang Solunke, alleging that on 20.03.2020, the petitioners abused him with caste names and assaulted him. The petitioners contended that the incident occurred inside the house of one of the petitioners and not in public view, thus the essential ingredient of Section 3(1)(x) was not attracted. The State opposed the quashing. The court examined the FIR and found that the allegations did not indicate that the incident occurred in public view. Relying on the Supreme Court's decision in Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 747, the court held that for an offence under Section 3(1)(x), the insult must be in public view. Since the incident was inside a house, the FIR was quashed to the extent of the SC/ST Act, but the court clarified that the investigation for other offences under IPC may continue.
Headnote
A) Criminal Law - Quashing of FIR - SC/ST Act - Public View Requirement - Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The court considered whether the alleged insult was in public view as required under Section 3(1)(x). Held that since the incident occurred inside a house and not in public view, the essential ingredient of the offence was missing, warranting quashing of the FIR (Paras 5-10).
Issue of Consideration
Whether the FIR under Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act, 1989 can be quashed when the alleged incident did not occur in public view?
Final Decision
The court quashed the FIR to the extent of offence under Section 3(1)(x) of the SC/ST Act, but clarified that investigation for other IPC offences may continue.
Law Points
- Public view requirement under Section 3(1)(x) of SC & ST Act
- 1989
- Quashing of FIR for lack of prima facie case
- Inherent powers under Section 482 CrPC
Case Details
2024 LawText (BOM) (03) 146
Writ Petition No.104 of 2021, Writ Petition No.105 of 2021, Writ Petition No.106 of 2021
Mr. Jayendra D. Khairnar a/w Mr. Mufeez Ansari for petitioners; Mr. J.P. Yagnik, APP for respondent no.1-State
Meenabai Deepak Mahale, Deepak Jagannath Mahale, Jyotibai Chotu Morkar @ Trishna Dinesh Morkar, Gokul Supadu Morkar (in WP 104/2021); Mukund Vijaysingh Pawar, Vijaysingh Ramsing Pawar (in WP 105/2021); Sulabai Ramsing Pawar, Amar @ Bhausaheb Milin Pawar (in WP 106/2021)
State of Maharashtra, Namdeo Pandurang Solunke
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Nature of Litigation
Criminal writ petitions seeking quashing of FIR under SC/ST Act and IPC
Remedy Sought
Quashing of FIR No.57 of 2020 registered at Satana Police Station for offences under Sections 323, 504, 506 IPC and Section 3(1)(x) of SC/ST Act
Filing Reason
Alleged abuse with caste names and assault by petitioners on respondent No.2
Issues
Whether the FIR under Section 3(1)(x) of SC/ST Act can be quashed for lack of public view?
Whether the court can exercise inherent powers under Section 482 CrPC to quash the FIR?
Submissions/Arguments
Petitioners argued that the incident occurred inside a house and not in public view, thus Section 3(1)(x) is not attracted.
State opposed quashing, but did not dispute that the incident was inside a house.
Ratio Decidendi
For an offence under Section 3(1)(x) of the SC/ST Act, the insult must be in public view. Since the incident occurred inside a house, the essential ingredient is missing, and the FIR is liable to be quashed.
Judgment Excerpts
The FIR does not indicate that the incident occurred in public view.
In view of the law laid down by the Supreme Court in Hitesh Verma v. State of Uttarakhand, the FIR is quashed to the extent of Section 3(1)(x) of the SC/ST Act.
Procedural History
The petitioners filed three writ petitions under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR No.57 of 2020. The court heard the petitions and delivered judgment on 27.03.2024.
Acts & Sections
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(x)
- Indian Penal Code, 1860: 323, 504, 506
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226
