Exoneration in departmental inquiry does not automatically lead to quashing of FIR. Negative police report and departmental inquiry findings are not binding on the trial court. Limited scope of interference with FIR under Section 482 Cr.P.C.

1. - The petitioner, Kailash Prasad Sharma, has prayed for quashing of FIR No. 394/12 registered at Police Station Lalsot, District Dausa for offence under Section 354 IPC and for offence under Section 3 of the SC/ST (Prevention of Atrocities) Act.

2. The brief facts of the case are that the petitioner happened to be the Head Master of the Government Primary School, Deedwana, Lalsot, District Dausa at the relevant time. On 6.9.2012, one Shambhu Lal lodged a report at Police Station Lalsot wherein he claimed that his minor daughter is studying in Class-V at the above mentioned school. He further claimed that on 6.9.2011, the petitioner called his daughter inside a room on the pretext that she has to clean the room. When his daughter went inside the room, the petitioner locked the room from inside, and started physically misbehaving with her. Consequently, his daughter screamed. Two students and few members of the staff rushed to her rescue; after getting the door opened, they took his daughter out of the room. The child came crying back home. Both the students, Lalita and Sharda, told him as to what had happened. They also informed him that the petitioner had also physically misbehaved with them on an earlier occasion. Lastly, he claimed that he is a member of the Scheduled Caste community. On the basis of this report, a formal FIR, namely FIR No. 394/12, was chalked out for the offences mentioned above.

3. The incident seems to have disturbed four persons, namely Rukmani, Shanti, Manohari (mother of the small child), and one Prakash. They went to the school to protest about the petitioner's misbehaviour. It is claimed that before the aforesaid persons could reach the school, the petitioner had instigated some of the villagers to come to the school and defend him. Thus, when the three women and Prakash reached the school, they were met by a large crowd who called the women by their caste reference. The villagers also misbehaved with the women, and outraged their modesty. With regard to this incident, Rukmani and others filed a criminal complaint before the Additional Chief Judicial Magistrate, Lalsot. The learned Magistrate sent the complaint for further investigation to the Police Station, Lalsot. Consequently, the police registered a formal FIR, namely FIR No. 412/12 for offences under Sections 143, 148, 149, 341, 342, 323, 354, 336 and 504 IPC.

4. It seems that the incident also agitated a large number of villagers. Therefore, the villagers blocked the road and shouted slogans against the administration. The police was immediately informed about the agitation raised by the villagers due to the petitioner's misbehaviour with the small girl. When the police went to speak to the agitated villagers, the villagers manhandled the police personnel. Consequently, the SHO, Babulal lodged a FIR against a large number of villagers, namely FIR No. 395/12 for offences under Sections 143, 336, 427, 283, 332, 353 IPC.

5. Because of the allegations leveled against the petitioner, the District Education Officer held a departmental enquiry against him. However, the petitioner was exonerated in the departmental enquiry.

6. Moreover, while investigating the case of FIR No. 412/12, the FIR lodged by Rukmani, the Police has eventually concluded that it was a false case. Therefore, on 8.11.2012, the police has submitted a negative Final Report in the said FIR. Hence, the present petition for quashing the FIR No. 394/12.

7. Mr. Pankaj Gupta, the learned counsel for the petitioner, has raised the following contentions before this court: firstly, the petitioner has been falsely implicated in the present case. The falsity of the case is apparent from the fact that while investigating the FIR No. 412/12, the police has concluded that even the present FIR, namely FIR No. 394/12, has been lodged falsely. Although, the police has yet to submit a negative Final Report in the present FIR, but while submitting a negative Final Report in FIR No. 412/12, th