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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Anjum Ara – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. filing of fir under sc&st act challenged. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. background of respondent no. 5's misconduct and penalties. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. investigation results in cancellation of fir. (Para 18 , 19 , 20) |
| 4. court assesses evidence and applies legal framework to evaluate claims. (Para 21 , 22 , 23 , 30) |
| 5. court emphasizes caution before applying stringent laws. (Para 24 , 25 , 26 , 27) |
| 6. quashing of fir due to lack of evidence. (Para 32 , 33 , 34) |
JUDGMENT :
Virender Singh, J.
The order of mine shall dispose of the above titled petitions, which have been filed, under the provisions of Section 528 of the Bharatiya Nagarik Nyaya Sanhita (hereinafter referred to as ‘ BNSS ’), with a prayer to quash FIR No. 124 of 2024, dated 21st September, 2024 (hereinafter referred to as the ‘FIR in question’), registered under Section 3(1)(p) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC&ST Act’), with Police Station Sadar, Shimla, District Shimla, H.P., as well as, the proceedings resultant thereto, if any.
2. Petitioners, in both the petitions, are senior police officers, in the
The court held that FIRs under stringent statutes like the SC&ST Act must be based on substantiated claims; unfounded allegations leading to abuse of process may be quashed.
FIRs filed with malicious intent, especially as retaliatory actions, can be quashed to prevent abuse of legal processes. The court emphasized safeguarding against harassment in the judicial system.
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
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 affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
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