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NARENDRA KUMAR VYAS
Ramkumar Agrawal S/o Beni Prasad Agrawal – Appellant
Versus
State of Chhattisgarh, Through- The Collector, Mahasamund, District- Mahasamund (C. G. ) – Respondent
ORDER ON BOARD :
1. The petitioners have filed the present Cr.M.P. under Section 482 of the Cr.P.C. for quashment of FIR No. 62/2021 registered against them at Police Station - Mahasamund, District –Mahasamund (C.G.) for commission of offence under Sections 294, 323, 506, 34 of IPC & Sections 3(1) n /k & 3(2)(v) d of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “the SC/ST Act”) (which has been subsequently added in the FIR) as well as subsequent charge- sheet submitted before the learned Special Judge (ST/SC) Mahasamund on 13.12.2022, present petitioners namely Ramkumar Agrawal, Radha Agrawal, Garima Agrawal & Reema Agrawal restraining the construction, have broken the wall and started abusing and assaulted the complainant which has caused injuries on her right wrist, left shoulder and face. It is also case of the prosecution that the petitioners have also committed marpit with her sister-in-law (Jethani) namely Bharti Sonwani. The incident was seen by Gajanand Sahu & Saddam Tandon. On the basis of the complaint lodged by the complainant, the FIR has been registered against the present petitioners for commission of offence as aforestate
The court emphasized the need to prevent false and frivolous cases under the SC/ST Act and highlighted the importance of evidence to support charges under the Act.
The main legal principle established is that allowing a purely civil dispute to be treated as a criminal offence under the SC/ST Act would constitute an abuse of process of law.
The court emphasized that an FIR under the SC/ST Act requires the humiliation of a SC/ST member to occur in public view; allegations must substantiate a cognizable offense.
FIR under SC/ST Act quashed absent caste-based insult, humiliation intent linked to caste, or cognizable offence ingredients; prior similar vexatious complaints indicate abuse of process for revenge.
The main legal point established is that for an offense under the Atrocities Act to be made out, intentional insult or intimidation based on caste must occur in a place within public view, and the di....
Insufficient grounds for charges under the Atrocities Act were identified, as the allegations did not satisfy requisite legal conditions.
Point of Law : Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-(va) commits any offence specified in Schedule, against a person or property, knowing that such person is a member....
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