DIVYESH A. JOSHI
Kanjibhai Randhirbhai Parmar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. By this application under section 482 of the Code of Criminal Procedure,1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.II-153 OF 2016 registered before the Keshod Police Station, Junagadh for the offence punishable under sections 3(1)(R )(S), 3(2)(v)(a) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 504 of the Indian Penal Code.
3. Learned advocate Mr. Virat Popat appearing for the applicant submits that the applicant is the principal of the N.P. Arts & Commerce College, Keshod. It is alleged in the complaint that on the date of the incident, as the sister of the complainant, namely, Urmilaben Jamnabhai Parmar was not found in the examination hall, somebody from the college phoned the father of the complainant and informed him about the non-availability of his daughter who in turn informed about the same to the complainant. Therefore, with a view to check the veracity of the said information, the complainant went to the s
Fiona Shrikhande and Anr. vs. State of Maharashtra
The absence of public view during the alleged incident and lack of independent witnesses led to the quashing of the FIR under the Atrocity Act and IPC.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
The judgment establishes the principle that the court can quash criminal proceedings if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive, as per the guid....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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.
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