Case Note & Summary
The petitioners, accused 1 to 8, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in SC & ST (Special) Case No.24 of 2016 on the file of the II Additional District and Sessions Judge, Davanagere, arising out of Crime No.146 of 2016 registered at Malebennur Police Station for offences punishable under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The petitioners also sought to set aside the order dated 10.01.2023 rejecting their application under Section 227 CrPC for discharge. The background of the case involves a dispute between the parties over property and water rights. The complainant, Smt. Savithramma, alleged that the petitioners abused her with caste names and threatened her. The petitioners contended that the allegations were false and that the incident occurred in a private setting, not in public view, and therefore did not attract the provisions of the SC/ST Act. The High Court examined the charge sheet and found that the alleged incident took place in a private place and there was no evidence of intentional insult or intimidation with intent to humiliate the complainant on caste basis. The court held that the essential ingredients of Section 3(1)(10) of the SC/ST Act were not made out. Consequently, the court allowed the petition, quashed the proceedings, and set aside the order rejecting the discharge application.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - Court can quash proceedings if allegations do not make out any offence or are an abuse of process of law - Held that where the complaint and charge sheet do not disclose essential ingredients of the alleged offence, the High Court may exercise inherent powers to prevent abuse of process (Paras 1-10).
B) SC/ST Act - Offence under Section 3(1)(10) - Intentional Insult or Intimidation - Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The provision requires that the insult or intimidation must be intentional and with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in any place within public view - Held that the incident occurred in a private setting and there was no intention to humiliate the complainant on caste basis, hence no prima facie case made out (Paras 11-20).
Issue of Consideration
Whether the allegations in the charge sheet constitute an offence under Section 3(1)(10) of the SC & ST (Prevention of Atrocities) Act, 1989, and whether the proceedings should be quashed under Section 482 CrPC.
Final Decision
The High Court allowed the petition, quashed the proceedings in SC & ST (Spl.) Case No.24/2016, and set aside the order dated 10.01.2023 rejecting the discharge application.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Discharge under Section 227 CrPC
- Ingredients of Section 3(1)(10) of SC/ST Act
- Requirement of intentional insult or intimidation with intent to humiliate in public view
- Private setting not sufficient for offence under SC/ST Act
Case Details
2023 LawText (KAR) (11) 13
Criminal Petition No.1723 of 2023
Sri Satish M.S., Sri Malipatil P.S. for petitioners; Smt. Yashodha K.P. for respondent 1; Sri S.G. Rajendra Reddy for respondent 2
Sri Pandurangabhat and others
State by Malebennur Police and Smt. Savithramma
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in SC/ST Special Case and setting aside order rejecting discharge application under Section 227 CrPC.
Remedy Sought
Petitioners (accused 1 to 8) sought quashing of entire proceedings in SC & ST (Spl.) Case No.24/2016 and setting aside order dated 10.01.2023 rejecting their application under Section 227 CrPC.
Filing Reason
Petitioners alleged that the complaint and charge sheet did not make out any offence under Section 3(1)(10) of SC/ST Act as the incident occurred in a private setting and there was no intention to humiliate on caste basis.
Previous Decisions
The II Additional District and Sessions Judge, Davanagere, by order dated 10.01.2023, rejected the petitioners' application under Section 227 CrPC for discharge.
Issues
Whether the allegations in the charge sheet constitute an offence under Section 3(1)(10) of the SC/ST Act?
Whether the proceedings should be quashed under Section 482 CrPC?
Submissions/Arguments
Petitioners argued that the incident occurred in a private place and there was no intentional insult or intimidation with intent to humiliate the complainant on caste basis, hence no prima facie case under Section 3(1)(10) of SC/ST Act.
Respondent/State argued that the allegations prima facie make out an offence under the SC/ST Act and the petition should be dismissed.
Ratio Decidendi
For an offence under Section 3(1)(10) of the SC/ST Act, the insult or intimidation must be intentional and with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in any place within public view. If the incident occurs in a private setting and there is no evidence of intention to humiliate on caste basis, the essential ingredients of the offence are not made out, and the proceedings can be quashed under Section 482 CrPC.
Judgment Excerpts
The petitioners/accused 1 to 8 are knocking at the doors of this Court in the subject petition calling in question proceedings in SC & ST (Spl.) Case No.24 of 2016 arising out of crime in Crime No.146 of 2016 for offences punishable under Sections 3(1)(10) of the SC & ST (Prevention of Atrocities) Act, 1989.
The incident occurred in a private setting and there was no intention to humiliate the complainant on caste basis, hence no prima facie case made out.
Procedural History
Crime No.146 of 2016 was registered at Malebennur Police Station for offences under Section 3(1)(10) of SC/ST Act. Charge sheet was filed and the case was numbered as SC & ST (Spl.) Case No.24/2016 before the II Additional District and Sessions Judge, Davanagere. The petitioners filed an application under Section 227 CrPC for discharge, which was rejected on 10.01.2023. Aggrieved, the petitioners filed the present criminal petition under Section 482 CrPC before the High Court of Karnataka.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 227, Section 482
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 3(1)(10)
