VIPIN SANGHI, J.

1. The petitioner has preferred the present writ petition to seek a writ quashing FIR No.1162/2015 registered at Police Station – Saket, New Delhi under Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “SC/ST Act” for short), and the proceedings arising therefrom. The aforesaid FIR has been registered on the complaint of respondent No.2.

2. The petitioner/accused and the respondent No.2/complainant are co-sisters. They are married to two brothers. According to the petitioner, the mother-in-law of the petitioner severed her relationship from the husband of respondent No.2 sometime in August 2015 and disowned him from all her movable and immovable properties. The said development has led to respondent No.2 becoming inimical towards the petitioner and her family members.

3. The case of the complainant/respondent no.2 in her complaint-on the basis of which the aforesaid FIR has been registered, is that the petitioner:

“is continuously harassing and abusing on my caste on social network sites/facebook). Since 18 July 15 till today 1 Aug 15 she is updating a bad words like cheap, kutta, donkey etc. for DHOBHI’s. As I also belong from DHOBHI category, it is unacceptable for me. I want you to take a legal action according to SC/ST Act as it is very insulting & dominating updates put by her for DHOBHI community.” (emphasis supplied)

4. Along with her complaint, the complainant also enclosed certain printouts, wherein the petitioner/accused claimed that she belongs to Rajput community, and that persons belonging to the ‘Dhobi’ community have no standard of living and they are cheap people. The aforesaid printouts are from the facebook account of the petitioner. The complainant made the aforesaid complaint dated 02.08.2015, which was diarised on 03.08.2015 vide Diary No.872–LC.

5. Since, it is the utterances attributed to the petitioner on her facebook “Wall” which form the basis of the FIR in question, I consider it appropriate to set out the posts attributed to the petitioner on her facebook ‘wall’. The same are as follows:

“Gayatri Singh

July 28 at 11:53pm Edited

Pehla Gadha: Yaar Main Jis Dhobi Ke Ghar Kaam Karta Hoo, Vo Mujhe Bahut Marta Hai.

Doosra Gadha: Tu Ghar Chor Kar Bhaag Kyo Nahi Jata.

Pehla Gadha: Kya Batau Yaar Dhobi Ki Ek Ladki Hai, choti DHOBAN Vo Jab Bhi Shararat Karti Hai To Dhobi Kehta Hai Ki Teri Shaadi Kisi Gadhe Se Kar Dunga.

Bas Yeh Soch Kar Ruka Hua Hoo.

Moral of the story that Dhoban is Brand ambassador of fools & donkeys and only they r follow her always” (Emphasis supplied)

“Gayatri Singh

12 hrs Edited

U hv find many DHOBI jokes on biggest social site of Google like DHOBI ka kutta na ghar ka na ghaat ka, u understand na what I want to say so please increase ur level of education first bcoz I am not a Kid I am a daughter of Rajput – feeling super.”

“Gayatri Singh

July 29 at 11:13pm

Joke: one Fb user apne dost se apne dushman ke bare mein baat karte hue kahta hai who hamesha mera fb account check karta rahta hai aur mujhe follow karta hai par mujhe to yein sab karne mein koi interest nahi …

Kamina Dost: agar tum bhi uska fb account check nahi karte rahte ho to how do u know that he checked always ????

Moral of the story: for example If u can eat ashirwad mill flour so that’s not mean that nobody can eat that bcoz every one prefer brand 1st who live the life with hight standard always but low standard people always try to prove it and speak again & again that I hv standard. It’s called cheep people and only one brand available for these people: DHOBI BRAND – feeling naughty.” (emphasis supplied)

6. Ms. Rao, learned ASC, who appears for the State has tendered in Court the aforesaid printouts, which show that they have been printed by accessing the facebook page of the petitioner by a person disclosing her identity as “Veronica”. The said printouts have been taken between 31.07.2015 and 01.08.2015.

7. The submission of the petitioner is