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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Shashank Sood – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The petitioner has filed the present petition for quashing of FIR No. 205 of 2022, dated 09.12.2022, for the commission of offences punishable under Sections 451, and 504 read with Section 34 of Indian Penal Code (IPC) and Sections 3(1) (r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (in short ‘SC&ST Act’) registered at Police Station Dharmashala, District Kangra, H.P.
2. Briefly stated, the facts giving rise to the present petition are that respondent no. 2/informant made a complaint to the police that he had visited McLeod Ganj on 9th December 2022 at about 2 pm. The accused, Shruti Rana, her mother Anita Sharma, Nisha Sood and her son Shashank Sood were present at home. They were abusing the parents of Rahul Rana. The informant went towards them. The accused abused the informant in the name of his caste in the presence of Neel Kamal and Amrish. The informant enquired from the accused as to why they were abusing him in the name of his caste, and they again abused him. Shruti Rana asked whether the informant was her father-in-law and whether she should call him her father. Shashank Sood opened the zip of his pa
The court ruled that allegations of caste-based abuse in public view under the SC & ST Act cannot be quashed without trial, emphasizing the need for intent to humiliate linked to caste identity.
The court upheld the FIR under the SC & ST Act, affirming that allegations of caste-based violence and abuse constituted a prima facie case, rejecting the petitioners' claims of falsehood.
The court ruled that an FIR can only be quashed if the allegations do not constitute a cognizable offence, and the truthfulness of the allegations cannot be determined at the quashing stage.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The court emphasized the need to be extremely circumspect in exercising the extraordinary jurisdiction to quash criminal proceedings under the SC/ST Act and held that the legislative intent of the Ac....
The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.
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