Case Note & Summary
The applicants, Tukaram s/o Bhagwan Sawant and Saraswati w/o Tukaram Sawant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court (Bench at Aurangabad) seeking quashing of FIR No.75 of 2018 registered at Police Station Palam, District Parbhani for offences under Sections 504 and 506 of the Indian Penal Code 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, Radhika w/o Shamrao Bachate, alleging that on 2nd June 2018, the applicants abused her by her caste name and threatened her. The applicants contended that the incident occurred inside a house, not in public view, and therefore the essential ingredient of Section 3(1)(x) of the SC/ST Act was not attracted. The court examined the FIR and found that the alleged incident took place in a private house, and there was no allegation that the insult was in public view. The court held that for an offence under Section 3(1)(x) of the SC/ST Act, the insult or intimidation must be in any place within public view. Since the incident occurred in a private house, the FIR under the SC/ST Act was liable to be quashed. However, the court clarified that the applicants may still be liable for other offences under the IPC. The court allowed the application in part, quashing the FIR only insofar as it pertained to the SC/ST Act, and directed the investigating officer to proceed with the investigation for the IPC offences.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers - Section 482 CrPC - FIR quashed to prevent abuse of process of law when allegations do not constitute the alleged offence - Held that FIR under Section 3(1)(x) of SC/ST Act requires insult in public view, which was absent as incident occurred in private house (Paras 1-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Public View - Essential Ingredient - Alleged insult by accused in private house not in public view does not attract offence under Section 3(1)(x) - Held that the provision requires intentional insult or intimidation in any place within public view, and private setting does not satisfy this requirement (Paras 5-10).
Issue of Consideration
Whether the FIR under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be sustained when the alleged insult was not in public view.
Final Decision
The court allowed the application in part, quashing the FIR only insofar as it pertained to the offence under Section 3(1)(x) of the SC/ST Act. The investigating officer was directed to proceed with the investigation for the offences under Sections 504 and 506 IPC.
Law Points
- Quashing of FIR
- SC/ST Act
- Section 3(1)(x)
- public view
- private setting
- abuse of process of law
