Case Note & Summary
The applicant, Avakash Ingole, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.109/2021 registered at Morshi Police Station, Amravati, for offences under Section 506 of the Indian Penal Code, 1860, and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by the non-applicant No.2, Shivkali Dhurve, who alleged that the applicant had let out a shop to her on rent and had taken a security deposit of Rs.2,50,000. On 8th March 2021, when she was returning to her village in an auto-rickshaw, the applicant stopped the auto-rickshaw near Jaistambh Chowk, Morshi, and asked the driver to get down. The applicant then requested her to give a statement against one Hemant Lakde in a dispute. When she refused, the applicant allegedly abused her, saying, "Tula Pai Nahi Mi Tuze Hath wa Jibh Pan Kapun takin, Tu Godin Ahe Godinach Rahashil" (I will cut your hands and tongue, you are a cow and will remain a cow). The complainant got frightened and called the auto-rickshaw driver, and the applicant left. The complainant alleged that the abuse was based on her caste (Scheduled Tribe). The applicant contended that the allegations were false and that the FIR was an abuse of process of law. The court examined the FIR and the statements of witnesses. It noted that the alleged incident occurred inside an auto-rickshaw, which is not a public place, and there was no evidence that the abuse was uttered in public view. The court also observed that the alleged abusive words did not refer to the complainant's caste and were not intended to humiliate her on the ground of caste. The court further held that the ingredients of criminal intimidation under Section 506 IPC were not made out as the threat was not accompanied by any immediate action or capability to carry it out. The court concluded that the continuation of proceedings would be an abuse of process of law and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Inherent Powers - The High Court can quash an FIR if the allegations do not disclose a cognizable offence or if the continuation of proceedings would be an abuse of process of law. The court must consider the allegations in the FIR as a whole and determine whether a prima facie case is made out. (Paras 1-21) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r) and 3(1)(s) - Intent to Humiliate - Public View - For an offence under Section 3(1)(r), the insult or intimidation must be with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe and must occur in public view. For Section 3(1)(s), the abuse must be based on caste. In the present case, the alleged abusive words were not uttered in public view as the incident occurred inside an auto-rickshaw, and there was no indication that the abuse was caste-based. Held that the essential ingredients of the offences are not made out, and the FIR is liable to be quashed. (Paras 10-20) C) Indian Penal Code, 1860 - Section 506 - Criminal Intimidation - The threat must be to cause injury to the person, reputation, or property of the complainant. In this case, the alleged threat to cut hands and tongue was not accompanied by any immediate action or capability to carry out the threat, and the complainant did not report the matter immediately. Held that the ingredients of criminal intimidation are not satisfied. (Paras 10-20)
Issue of Consideration
Whether the FIR registered against the applicant for offences under Section 506 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act should be quashed under Section 482 Cr.P.C. on the ground that the allegations do not disclose the essential ingredients of the offences, particularly the intent to humiliate based on caste and the incident not occurring in public view.
Final Decision
The court allowed the application and quashed FIR No.109/2021 dated 15th March 2021 registered at Morshi Police Station, along with all proceedings arising therefrom.
Law Points
- Quashing of FIR
- Section 482 Cr.P.C.
- SC/ST Act
- Intent to humiliate
- Public view
- Abuse not caste-based
- Prima facie case
- Abuse of process of law
