ORDER :

1. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (`Code’ for short) praying to quash and set aside the FIR being C.R.No.II-29 of 2019 registered at Lathi Police Station, Dist.Amreli for the offences punishable under Sections 504 and 506(2) of the Indian Penal Code (`IPC’ for short) and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (`Atrocities Act’ for short).

2. Rule. Learned APP Mr.Joshi waives service of notice of rule for respondent no.1 and learned advocate Mr.Vaidya waives service of notice of rule for respondent no.2.

3. The brief facts as stated in this application are such that an FIR is lodged by respondent no.2 herein alleging that on the said date of incident i.e. 22.5.2019 initially at around 7.00 a.m. in the morning, present applicant visited the house of respondent no.2, called him outside of his house and that the applicants being member of Bhingrad Gram Panchayat scolded respondent no.2 that they being the sweepers of the Gram Panchayat, they don’t fully accomplish their work of sweeping, and therefore they should not turn back for the work of sweeping and it is alleged that respondent no.2 was responded by a caste abuse. On the word against word going on, the present applicant got provoked, started speaking abusive language towards him and also scolding him, that now onwards, he along with his wife, are seen indulging into sweeping work and turn up to Gram Panchayat for their monthly salary, their bones will be broken and that was followed by a quarrel and the applicant abused respondent no.2 by his caste and therefore the impugned FIR is filed, which is sought to be quashed by way of filing of this application.

4. Heard learned advocates for the parties.

4.1 Learned advocate Mr.Trivedi for the applicant has drawn my attention towards the allegation made in the FIR and has submitted that the offence is registered under the provisions of the IPC and Atrocities Act. He has submitted that on bare reading of FIR, provisions of the Atrocities Act cannot be made applicable, more particularly, in view of the provisions of Sections 3(1)(r) as the incident should occur in public view and admittedly, as per the allegation made in the FIR, the incident has occurred at the house of the complainant which cannot be considered as public place.

4.2 He relied on the case of Hitesh Verma V/s State of Uttarakhand and Another reported in 2020 SCC online (SC) 907, more particularly, paragraphs 12, 14 and 15 of that judgment.

4.3 He has further submitted that even from the tenor of the FIR, no offences under Sections 504 and 506(2) of IPC are made out. He, therefore, prayed to allow this application and quash the impugned FIR.

5. Per contra, learned advocate Mr.Vaidya for the respondent no.2-complainant has strongly opposed this application and submitted that the powers under Section 482 of the Code should be exercised sparingly and in the facts and circumstances of the present case, no case is made out to exercise such powers, as prima facie, case is made out against the present applicant and therefore, this application be rejected.

6. I have considered the rival submissions and I have also perused the material on record.

7. At the outset, if we peruse the provisions of Sections 3(1)(r)(s) and 3(2)(va) of the Atrocities Act, they read as under:

“3. Punishment for offences of atrocities

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

(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;

(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;

3(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-

[(va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tr