An FIR under the Atrocities Act is quashed when it lacks essential ingredients necessary to constitute an offence, specifically failing to demonstrate remarks made in public view.

ORDER :

J. C. Doshi, J.

1.At the outset, it is required to be noted that, present petitioners have not pressed for this application insofar as the offence punishable under the IPC. Thus, this application is confined to the offence punishable under the Atrocities Act.

2. By way of this petition, under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashment of the FIR being C.R. No. 11190001210528 registered with Barwala Police Station against the petitioners for the offences punishable under Section 3(1)(r), 3(1)(s), 3(2)(v) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989

3. The short facts of the case as emerging from the FIR are that Petitioner No.1 is employed at a private factory in Narol, Ahmedabad, while Petitioner No.2 is working as a driver with Torrent Power Ltd. on a daily wage basis. Due to his father's serious illness, Petitioner No.2 had taken loans totaling Rs.8 lakhs from private individuals—Abhesang Haribhai Rathod, Mukeshbhai Haribhai Rathod, and Jitendrabhai Bhagwanbhai Rathod—at an interest rate of 2% per month. Despite having repaid an amount of Rs.19.20 lakhs as interest, these lenders continued to demand further payments and allegedly coerced Petitioner No.2 and his mother into executing a sale deed of their residential property under duress. Consequently, FIR being C.R. No. I/11190001200434 dated 06.10.2020 was registered at Barwala Police Station under various sections of IPC, the Gujarat Police Act, and the Gujarat Money Lenders Act.

3.1. The petitioners further allege that after the registration of the said FIR, their property, which was under lock and key, was unlawfully possessed by one Ghanshyamsinh Gambhirsinh Mori on 12.03.2021 by breaking the lock. Petitioner No.2 filed complaints with the S.P., Botad and the Collector under the Gujarat Land Grabbing (Prohibition) Act, 2020. It is alleged that on account of these complaints, on 01.07.2021, said Ghanshyamsinh and others came to the petitioners' residence in Ahmedabad and assaulted them. A complaint was accordingly submitted to the Narol Police Station on 06.07.2021. Despite multiple representations to the authorities, including the Additional Chief Secretary, no effective action was taken.

3.2. Subsequently, it is alleged that in retaliation, Ghanshyamsinh Gambhirsinh Mori and his associates orchestrated a false and motivated FIR being C.R. No. I/11190001210528/2021 dated 23.07.2021 under Sections 323 , 504, 506(2), 114 of IPC and Sections 3(1)(r), 3(1)(s), and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said FIR was lodged on the very day when the petitioners were present at Barwala Police Station from 12.00 p.m. to 4.00 p.m. pursuant to a prior police summons. It is the case of the petitioners that the allegations are false, politically motivated, and intended to pressurize them in view of their complaints against local influential persons. The present petition is filed seeking quashing of the said FIR.

4. Heard learned advocate for the petitioners and learned advocate for the first informant and learned APP for the respondent – State. .

5. Learned Advocate for the petitioners taking to the FIR would submit that general allegations are made against the petitioners and no such ingredients of the alleged offence is attracted if the FIR is read at its face value. In regards to the allegations made under the Atrocities Act, learned advocate for the petitioners would submit that FIR does not disc