Case Note & Summary
The petitioners, who were employees of a cooperative bank, filed a criminal writ petition seeking quashing of FIR No. 15/2019 registered at Newasa Police Station, District Ahmednagar, for offences under Sections 3(1)(r), 3(1)(s), and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The FIR was lodged by the respondent, a member of the Scheduled Caste, alleging that the petitioners had abused him with caste names and threatened him. The petitioners contended that the allegations were false and that the dispute arose from a service matter regarding the transfer of the complainant. They argued that the FIR did not disclose any intention to humiliate the complainant on the ground of caste. The court analyzed the ingredients of Section 3(1)(r) of the SC/ST Act, which requires that the insult or intimidation be intentionally committed with the intent to humiliate a member of a Scheduled Caste or Scheduled Tribe. The court noted that the alleged utterances were made in the heat of the moment during a service dispute and were not motivated by caste-based animus. The court held that the FIR did not make out a prima facie case under the SC/ST Act and that continuing the proceedings would be an abuse of process of law. Accordingly, the court allowed the petition and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Law - Quashing of FIR - SC/ST Act - Section 3(1)(r) - Intent to Humiliate - The court examined whether the allegations in the FIR disclosed the essential ingredients of an offence under Section 3(1)(r) of the SC & ST (Prevention of Atrocities) Act, 1989. It held that the mere use of a caste name without any intention to humiliate or intimidate does not constitute an offence. The court found that the alleged utterances were made in the context of a service dispute and not with the intent to humiliate the complainant on the ground of his caste. Consequently, the FIR was quashed. (Paras 1-10)
Issue of Consideration
Whether the FIR and proceedings under the SC & ST (Prevention of Atrocities) Act, 1989 can be quashed when the alleged utterances were not made with the intent to humiliate the complainant on the ground of caste?
Final Decision
The court allowed the petition and quashed FIR No.15/2019 and all consequential proceedings.
Law Points
- Ingredients of offence under Section 3(1)(r) of SC/ST Act require intentional insult or intimidation with intent to humiliate a member of SC/ST
- mere use of caste name without intent is not sufficient
- FIR can be quashed if no prima facie case is made out
