Case Note & Summary
The petitioners, including the Programming Head of a Marathi channel and the channel company itself, sought quashing of FIR No. 232 of 2023 registered at Wada Police Station for offences under Section 295A IPC, Section 7(g) of the Protection of Civil Rights Act, 1955, and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was based on a complaint by Rahul Gaikwad alleging that in an episode of the Marathi serial 'Laxmi versus Saraswati' aired on 22.08.2012, the words 'Mhara Poranchi' were used in a dialogue, which allegedly insulted religious sentiments and the Scheduled Caste community. The court examined the context of the dialogue, which was part of a fictional serial and used in the context of warding off evil eye. The court found that the essential ingredients of the offences were not satisfied as there was no deliberate and malicious intention to outrage religious feelings or to insult any particular community. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR against the petitioners.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR quashed where allegations do not disclose prima facie commission of offence - Court held that the words 'Mhara Poranchi' were used in a context of warding off evil eye and not with deliberate and malicious intention to outrage religious feelings or to insult a member of Scheduled Caste - (Paras 1-10) B) Indian Penal Code, 1860 - Section 295A - Outraging Religious Feelings - Deliberate and Malicious Intention - The dialogue was part of a fictional serial and not aimed at any particular religion or community - Court held that essential ingredients of Section 295A are not satisfied - (Paras 4-8) C) Protection of Civil Rights Act, 1955 - Section 7(g) - Intentional Insult - The words were not directed at any individual or community belonging to Scheduled Caste - Court held that no offence under Section 7(g) is made out - (Paras 4-8) D) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3 - Intentional Insult or Intimidation - The allegation does not show any intention to humiliate a member of Scheduled Caste - Court held that continuation of proceedings would be an abuse of process of law - (Paras 4-8)
Issue of Consideration
Whether the words 'Mhara Poranchi' used in a Marathi serial dialogue constitute offences under Section 295A IPC, Section 7(g) of the Protection of Civil Rights Act, 1955, and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, warranting continuation of criminal proceedings against the petitioners.
Final Decision
The court quashed FIR No. 232 of 2023 registered at Wada Police Station, Dist. Thane, against the petitioners in both writ petitions.
Law Points
- Section 295A IPC requires deliberate and malicious intention to outrage religious feelings
- Section 7(g) PCR Act requires intentional insult to a member of Scheduled Caste
- Section 3 Atrocities Act requires intentional insult or intimidation with intent to humiliate
- Quashing of FIR under inherent powers when allegations do not disclose prima facie offence
