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GITA GOPI
Dilipbhai Narottambhai Kanbi Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule. Learned advocate Mr. Varun Z.Bharda and Mr. Pranav Trivedi, learned APP waives service of notice of rule on behalf of respective respondents. By consent, Rule is fixed forthwith.
2. The present application has been preferred under section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for quashing of the FIR registered at Chikhali Police Station, District - Navsari as Cr.No.II-105 of 2017 on 14.06.2017 for offences punishable under sections 323, 504, 506(2) and 114 of IPC and section 3(1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, “the Atrocities Act”).
3. The land dispute has been raised by the complainant and her family members, where it is the plea of the applicants that the complainant had encroached upon 10’x5’ = 50 feet land of the applicants and has constructed a shed. The applicant no.1 and the labourers had gone for demarcation of the boundaries between land, and while they were drawing the line with lime, the complainant without any rhyme or reason had picked up quarrel, and the complainant and her husband resisted the applicants to make a boundary line and to create a
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....
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.
Insufficient grounds for charges under the Atrocities Act were identified, as the allegations did not satisfy requisite legal conditions.
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