Case Note & Summary
The petitioners, seven individuals, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 86 of 2018 registered at Kotwali Police Station, Parbhani, for offences under Sections 323, 504, 506 read with 34 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by the respondent-complainant alleging that the petitioners abused him with caste names and assaulted him. The petitioners contended that the incident occurred inside the house of one of the petitioners, not in public view, and thus the essential ingredient of Section 3(1)(x) of the SC/ST Act was missing. The court examined the FIR and found that the alleged incident took place inside a house, which is not a place in public view. Relying on the settled legal position that for an offence under Section 3(1)(x) of the SC/ST Act, the insult or intimidation must be in public view, the court held that the FIR did not disclose the necessary ingredient. Consequently, the court quashed the FIR to the extent of the offence under the SC/ST Act, but allowed the investigation to continue for the other offences under the IPC. The petition was partly allowed.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR under Section 3(1)(x) of SC/ST Act quashed as incident occurred inside a house, not in public view - Held that essential ingredient of 'public view' is missing, rendering prosecution an abuse of process (Paras 1-10).
Issue of Consideration
Whether the alleged offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 requires the incident to occur in public view, and whether the FIR can be quashed for lack of such ingredient.
Final Decision
Partly allowed. FIR quashed to the extent of offence under Section 3(1)(x) of SC/ST Act. Investigation to continue for other IPC offences.
Law Points
- Public view requirement under Section 3(1)(x) of SC/ST Act
- 1989
- Quashing of FIR
- Abuse of process of law
