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D. A. JOSHI
Rajesh Keshavji Khakharia – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
D.A. Joshi, J.
1. Rule. Learned APP Ms. Monali Bhatt for the respondent no.2 - State of Gujarat waives service of notice.
2. By way of present application under Section 482 of the Criminal Procedure Code, 1973 ("CrPC" for short), the applicant has prayed for quashment of the impugned First Information Report being C.R. No.II-178/2019 registered with Kamalabaug Police Station, Porbandar for the offences under Section 504 of the Indian Penal Code ("IPC" for short) and under Sections 3(1)(R)(S) of the Prevention of Scheduled Castes & Scheduled Tribes ("Atrocity Act" for short).
3. The allegations leveled in the FIR in nutshell are as under,
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....
Delay in lodging a complaint and lack of sufficient evidence obscured intent to humiliate under the Scheduled Castes and Scheduled Tribes Act, leading to quashing of proceedings.
The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.
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