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2021 Supreme(Bom) 1111

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
V.K. Jadhav, Shrikant D Kulkarni, JJ.
Sayyad Rahim Sayyad Maheboob - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Application No. 1499 of 2020
Decided On : 18-06-2021

Advocates appeared:
Sudarshan J Salunke, Advocate, G.O. Wattamwar, Advocate, S.Y. Shinde, Advocate

The main legal point established in the judgment is the careful consideration of the factual scenario and the application of legal principles related to abetment of suicide and intentional insult under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Headnote:

Section 482 - Quashing of Criminal Proceedings - IPC 306, 504, 34 and SC/ST Act - 3(1)(r)(s), 3(2)(v) - The court discussed the provisions of IPC sections 306, 504, 34 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It highlighted the legal principles related to abetment of suicide, intentional insult, and intimidation with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe. The court's decision was influenced by the interpretation of these provisions and their application to the facts of the case.

Fact of the Case:

The case involved a dispute over a sale deed of agricultural land, allegations of harassment, and the death of the father of the first informant. The court analyzed the factual scenario, including the sale deed, mutation entry, civil suit, and the cause of death certificate.

Finding of the Court:

The court found that the criminal proceedings were predominantly a civil dispute and an attempt by the first informant to take advantage of his father's death. It concluded that there was no propriety to continue the criminal proceedings against the applicants and quashed the criminal application.

Issues: The issues involved allegations of harassment, abetment of suicide, and offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Ratio Decidendi: The court's decision was based on the interpretation of the factual scenario, the legal principles related to abetment of suicide, intentional insult, and intimidation with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe, and the abuse of court process.

Final Decision: The criminal application was allowed, and the criminal proceedings against the applicants were quashed.

JUDGMENT

Shrikant D Kulkarni, J. - Heard finally with consent of both the sides.

2. By this application under Section 482 of the Code of Criminal Procedure, the applicants are seeking the following substantive prayers.

"C. The FIR No.24/2020 registered with Police Station, Sirsala, Dist. Beed for the offences punishable U/s. 306, 504, 34 of I.P.C. and U/s. 3(1)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 may kindly be quashed, which is at Exhibit "A".

C-1 The Charge sheet filed by the Investigating Officer in Crime No.24/2020 registered with Police Station Sirsala, Dist. Beed for the offences punishable u/sec. 306, 504, 34 of I.P.C. and u/sec. 3(1)(r)(s) and 3(2)(v) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 may kindly be quashed, which is at Exhibit "G".

C-2. The Criminal Case bearing Special Case No.1/2021 (The State of Maharashtra Vs. Sayyad Rahim and Others) pending on the file of Learned Special Judge i.e. Additional Sessions Judge at Majalgaon, Dist. Beed may kindly be quashed."

3. The factual scenario giving rise to this quashing application, in short, is as under:

3(a) Respondent No.2 / first informant lodged F.I.R. with Sirsala Police Station, District Beed on 22.02.2020 against the applicants. It is alleged in the F.I.R. by the first informant that his father Bansi was having agricultural land admeasuring 3 Acres from Gut No.187 situated at village Fakir Jawla. At the relevant point of time, his father was in need of money. His father Bansi had executed a sale deed of his land on 20.09.2010 in favour of applicant No.1 Sayyad Rahim for Rs.3,00,000/- as a security. His father belongs to scheduled caste. It was agreed between applicant No.1 and the father of the first informant for re-conveyance of the same land after payment of Rs.4,50,000/-.

3(b) It is alleged in the F.I.R. that applicant No.1 Sayyad Rahim refused to execute re-conveyance deed of the land in question even after payment of Rs.4,50,000/-. It is alleged that Sayyad Rahim put forth the demand of Rs.10,00,000/- to Bansi Gavali and alleged to have abused on phone with reference to his caste. On 25.05.2018, the application was submitted to the Superintendent of Police, Beed about the said episode and the application was forwarded for enquiry to Police Station Sirsala. It is alleged in the F.I.R. that applicant Nos.1 to 5 from the year 2010 and before one month of lodging of F.I.R., continuously harassed to the father of the first informant and avoided to re-convey the sale deed in favour of father of the first informant. It is further alleged that the applicants have abused to the father of the first informant with reference to his caste and insulted him in a public place. They have filed complaints dated 09.02.2020 and 11.02.2020 against the applicants, but no action was taken. Due to continuous harassment at the hands of applicants, father of the first informant had given up food and water and fell ill. Due to mental torture, his father succumbed to death on 16.02.2020. According to the first informant, applicants are responsible for the death of his father. On that basis crime No.24 of 2020 came to be registered for the offences punishable under sections 306, 504 read with section 34 of the Indian Penal Code and under sections 3(1)(r)(s), 3(2)(v) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989.

4. In the above background, the applicants are before us with a prayer for quashing of F.I.R. and consequent filing of charge-sheet registered vide Special Case No.1/2021 pending on the file of learned Special Judge at Majalgaon.

5. Heard Mr. Sudarshan Salunke, learned counsel for the applicants, Mr. G.O. Wattamwar, learned A.P.P. for State / Respondent No.1 and Mr. S.Y. Shinde, learned counsel for respondent No.2 / first informant. Perused the copy of F.I.R., copy of sale deed, copy of mutation entry, copy of Exhibit 1 of R.C.S. No.97/2018 pending on the file of learned Civil Judge (Junior Division)

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