Case Note & Summary
The judgment concerns three criminal applications filed by students (Sayeeshdarshan Kanala, Sanket Adlak, and Piyush Dawkar) seeking quashing of FIR No. 0225/2019 registered at Pundlik Nagar Police Station, Aurangabad, for offences under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 504 of the Indian Penal Code. The FIR was lodged by respondent No.2, Sushil Khawase, a 57-year-old man belonging to the Scheduled Caste. The incident occurred on 30th June 2019 when the applicants, who were students residing in a hostel, had a dispute with the complainant over the use of a water tap. The complainant alleged that the applicants abused him using his caste name and insulted him. The applicants contended that the incident was trivial and that there was no intention to insult the complainant on caste grounds. The court examined the allegations and found that the dispute arose from a mundane issue of water usage, and the alleged abuses were not made with the intent to humiliate the complainant on caste grounds. The court held that the essential ingredient of Section 3(1)(r) of the SC/ST Act is the intention to humiliate a member of a Scheduled Caste or Scheduled Tribe on the ground of caste. Since the incident was a result of personal animosity over a trivial matter, no offence under the SC/ST Act was made out. The court also noted that the complainant had not mentioned the caste of the applicants in the FIR, indicating that the dispute was not caste-based. Consequently, the court quashed the FIR and all proceedings arising therefrom, holding that continuation would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Inherent powers - FIR under SC/ST Act quashed where incident arose from trivial dispute and no intention to insult on caste grounds - Held that continuation of proceedings would be abuse of process of law (Paras 10-12). B) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r) - Intentional insult with intent to humiliate - Essential ingredient is intention to humiliate on caste grounds - Where incident is due to personal animosity or trivial dispute, no offence made out - Held that mere use of caste name without intent to insult does not attract the provision (Paras 8-10).
Issue of Consideration
Whether the FIR and proceedings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be quashed when the alleged incident arose from a trivial dispute and there was no intention to insult or humiliate the complainant on the ground of caste.
Final Decision
The court allowed the applications and quashed FIR No. 0225/2019 and all proceedings arising therefrom.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Section 3(1)(r) SC/ST Act
- Intent to humiliate
- Trivial dispute
- Abuse of process of law
