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RAJENDRA PRAKASH SONI
Phool Singh S/o Salak Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These petitions have been filed by the petitioners-accused under Section 482 of the Criminal Procedure Code to quash the FIR No. 279/2022 registered at Sukher Police Station, District Udaipur for the offences under Sections 143, 341, 323, 307, 447, 427, 379, 354 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The factual matrix are that the respondent no. 2 Deepak Goad lodged the present F.I.R. against the petitioners and some others alleging, inter-alia, that complainant is a driver of one Mahendra Surana. A function of Prashadi and Plantation was proposed to be organized by Mahendra Surana at his land situated in Raya Village on 15.05.2022. In this regard, complainant, his employer and family members of the employer went to the said place in a car on 13.05.2022. While the preparations of above function were undergoing, some people namely Phool Singh, Kan Singh, Mohabbat Singh, Narayan Singh, Bhagwant Singh, Prem Singh, Salam Singh, Khuman Singh, Inder Singh, Rajendra Sali Advocate, Niranjan Singh, Khushpal Singh and Dalpat Singh were roaming aroun
The main legal principle established is that allowing a purely civil dispute to be treated as a criminal offence under the SC/ST Act would constitute an abuse of process of law.
The main legal point established in the judgment is the need to prevent the abuse of the process of law and secure the ends of justice, especially in cases where criminal proceedings are maliciously ....
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
The main legal point established in the judgment is that for an offence under Section 3(1)(r) of the SC & ST Act, the insult or intimidation should be on account of the victim belonging to Scheduled ....
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
Point of law : Insulting/hurting anyone’s feelings on account of his caste, religion, tribe, language, etc., deprecated. The learned counsel referring these judgments vehemently contended that the co....
The court emphasized that allegations under the SC/ST Act require proof of the accused's awareness of the victim's caste, and misuse of the Act for personal vendetta is impermissible.
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