The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revisional application has been preferred praying for quashing of proceeding in Special Case No. 25/22 pending before the learned Additional Sessions Judge, 1st Court, Barasat, North 24-Parganas and the Charge Sheet being No. 292/22 dated 2/5/2022 under Section 323/341/506/34 of the Indian Penal Code, 1860 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 arising out of Titagarh P.S. Case No. 172/22 dated 5.3.2022 under Section 341/323/325/379/34 of the Indian Penal Code, 1860 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The petitioner’s case is that she is the third wife of Ranajit Das. The complainant herein being the opposite party no. 2 is the first wife of the said Ranajit Das.

3. The present case has been initiated by the first wife of the Ranajit Das wherein it has been alleged as follows:

“..........That on 27/01/2022 at about 9:00 A.M. while your complainant’s daughter was passing by lift to buy some groceries items nearby the residence of your complainant, then the above named accused person reached came in front the lift and started to shout at the complainant’s daughter in a very aggressive manner and not only that the accused person assault the complainant’s daughter with slaps and also to threatened the complainant’s daughter that she will implicate her father i.e. the complainant’s husband in some false cases again.......”

4. It is further alleged that hearing hue and cry the complainant and witnesses came to the spot and rescued the complainant’s daughter from the clutches of the above named accused person/petitioner herein and thereafter the accused person also allegedly told to the complainant “Tora Nichu Jatir Log besi kotha bolbena, tora nich niche thakbi.” Not only that the accused person allegedly threatened the complainant that she will kidnap the complainant’s daughter and traffic her for prostitution.

5. The State has placed the case diary.

6. Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, lays down as follows:

“3. Punishments for offences atrocities:

(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe:

(a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance.

(b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe.

(c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood.

(d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe.

(e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is derogatory to human dignity.

(f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land transferred.

(g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom.

Explanation - For the purposes of clause (f) and this clause, the expression “wrongfully” includes:

(A) against the person's will.

(B) without the person's consent.

(C) with the person's consent, where such consent has been obtained by putting the person, or