The court quashed the FIR as it lacked prima facie evidence of offences under the IPC and the SC/ST Act, emphasizing that derogatory remarks were not made in public view.

ORDER :

(J.C. DOSHI, J.)

1. Rule returnable forthwith. Learned APP waives service of rule for respondent No.1 – State and learned advocate Ms. Ratna Vora waives service of rule for respondent No.2.

2. Proposed draft amendment is allowed. To be carried out forthwith.

3. By way of this petition, the petitioners have prayed for the following reliefs:-

“(A) This Hon'ble Court may kindly be pleased to admit and allow the present petition;

(B) This Hon'ble Court may kindly be pleased to quash the impugned FIR dated 16.07.2018 registered vide C.R. No. I -159/2018 for the offences alleged to have been committed and punishable under sections 143, 147, 452, 323, 506 and 294(b) of IPC read with sections 3(1)(r), 3(1)(s) and 3(2)(va) of The Schedule Castes and Tribes (Prevention of Atrocities) Act, 1989 with Manjalpur Police Station, District: Vadodara City and all consequent proceedings arising there from against the petitioners in the interest of justice;

(C) Pending admission, hearing and final disposal of the present petition, this Hon'ble Court may kindly be pleased to stay the investigation or further proceedings in FIR dated 16.07.2018 registered vide C.R. No. I - 159/2018 for the offences alleged to have been committed and punishable under sections 143, 147, 452, 323, 506 and 294(b) of IPC read with sections 3(1)(r), 3(1)(s) and 3(2)(va) of The Schedule Castes and Tribes (Prevention of Atrocities) Act, 1989 with Manjalpur Police Station, District: Vadodara City against the petitioners in the interest of justice;

(D) Ad-interim relief in terms of para 8(C) may kindly be granted;”

4. Brief facts of the case are as under:-

4.1 The complainant, a tuition teacher residing in a rented premises, lodged an FIR on 16.07.2018 at Manjalpur Police Station, Vadodara, alleging that the petitioner no.1, the owner of the rented premises, along with other petitioners, forced her to vacate the house citing her Scheduled Caste (Vankar) identity. It was further alleged that on 03.07.2018 and 07.07.2018, the petitioners came to her house, verbally abused her using caste-based derogatory remarks, and physically assaulted her father, who consequently left the house. On 16.07.2018, the petitioners allegedly entered the house and physically assaulted the complainant and her siblings.

4.2. The petitioners, aggrieved by the FIR No. I-159/2018, have challenged its registration before the Hon’ble High Court under Section 482 of CrPC, asserting that the allegations are false and fabricated. They contended that an earlier police complaint was lodged against the complainant’s father for threatening his previous landlord, and that local residents of Pramukh Swami Tirth Society submitted a representation to the authorities on 20.07.2018, stating that no such caste-based incident took place.

4.3 The FIR was registered under Sections 143, 147, 452, 323, 506, and 294(b) of the Indian Penal Code, 1860 (for short, “the IPC”), along with Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short, “the Act”). The petitioners seek quashing of the FIR, arguing that it was lodged with malafide intention and lacks prima facie evidence to substantiate the charges.

5. Learned advocate Mr. Vaibhav Seth, appearing for the petitioners, submits that the petitioners are landlords, and their family members are falsely implicated in the FIR. It is further submitted that, as per instructions he has received, the tenant has vacated the premises and is not living in the questioned premises as of now. It is further submitted that the FIR has been lodged with malafide intent and ulterior motives to harass the petitioners. It is further submitted that the alleged words, claimed to be derogatory or casteist slur, were not uttered within public view so as to attract offence under the Act. He further submitted that the multiple instances stated in the FIR, if taken as they are, do not establish the necessary ingredients of the offence under the IPC or of the offen