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, Aurangabad Bench, seeking quashing of FIR No.75 of 2018 registered at Police Station Palam, District Parbhani for offences under Sections 323, 504, 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 the applicants abused her with caste names. The court examined the FIR and found that the alleged incident occurred in a private setting, not in public view. The court held that the essential ingredient of 'public view' under Section 3(1)(x) of the SC/ST Act was not satisfied. Consequently, the court quashed the FIR insofar as it pertained to the offence under the SC/ST Act, but allowed the investigation to continue for the other IPC offences. The court also directed that the applicants be released on bail if arrested in connection with the remaining offences.
Headnote
A) Criminal Law - Quashing of FIR - SC/ST Act - Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 - Alleged caste-based insult in private setting - FIR quashed as essential ingredient of 'public view' not satisfied - Held that for an offence under Section 3(1)(x), the insult must be within public view, and a private altercation does not attract the provision (Paras 1-10).
Issue of Consideration
Whether the FIR alleging offence under Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act, 1989 is liable to be quashed when the alleged insult was not in public view.
Final Decision
FIR No.75 of 2018 quashed insofar as it pertains to offence under Section 3(1)(x) of SC/ST Act. Investigation to continue for IPC offences. Applicants directed to be released on bail if arrested in connection with remaining offences.
Law Points
- Quashing of FIR
- SC/ST Act
- Section 3(1)(x)
- public view
- private setting
- abuse of process of law
