The judgment emphasizes the necessity of mens rea and specific accusation in cases under the SC/ST Act, highlighting the absence of intentional insult or intimidation with intent to humiliate and the importance of specific attribution of casteist words to the accused.

JUDGMENT

Surinder Gupta, J. - This petition has been filed by the petitioner seeking quashing of FIR No. 217 dated 08.07.2013, registered at Police Station Meham, District Rohtak for offences punishable under Sections 148/149/323/506 of Indian Penal Code and 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') and order dated 02.06.2014 whereby charges for offences punishable under Sections 323/506/34 and 3 of SC/ST Act were framed against petitioners.

2. Fir No. 217 dated 08.07.2013 was registered on the statement of Pardeep son of Suraj Bhan, wherein he has stated that Gram Panchayat, Mokhra Pana Roze, was constructing the passage which was in use for the last about 100 years. A common passage in front of Dadi Sato and a wall along the Tirsam was being constructed. Gram Panchayat had requested Block Development and Panchayat Officer on 07.06.2013 for demarcation of this passage, which was demarcated by the administration on 28.06.2013 through Tehsildar, Meham. At the time of demarcation, there was no encroachment on this passage. Thereafter some mischievous elements narrowed the passage using JCB machine. Sarpanch of the village is a dalit lady and the aforesaid elements were not allowing construction of the passage. On 07.07.2013, labourers Pardeep, Sanjay, Vinod, Jaiveer Badal, Amit son of Jagdish, mason Pardeep son of Karamvir were doing their job on this passage when at about 11.30 a.m., some mischievous elements belonging to Jaat community, namely, Yogi son of Naresh, Aashish son of Ramesh, Nishat son of Naresh, Ramesh son of Phool Bhag and Ramesh son of Sube Singh attacked the labourers with sharp edged weapons and tamancha (revolver). They started giving beating to them. The wall constructed by them was also demolished and bricks were uprooted. Three bags of building material were also left at the spot. Laxmi Devi was also attributed casteist words with abuses 'chamar, dedh, kamin etc.'. About 10 days earlier these persons had abused Laxmi Devi, sarpanch, and given threat to kill her and made all the labourers run away by threatening to kill them. At that time, the matter was not reported to the police in order to keep amity in the village. However, aforementioned persons kept on threatening and blocking the passage of complainant showing fear of their caste and create terror in the village. They gave threats to get the complainant party killed through criminals.

3. The police after investigation presented challan against petitioners, Ramesh son of Sube Singh, Ramesh son of Phool Bhag, Ashish son of Ramesh and Yogender @ Yogi son of Ramesh. The challan was, however, not filed against petitioner, Nishant. On presentation of challan, learned trial Court framed charges for offences punishable under Sections 323, 506 read with Section 34 IPC and Section 3 of SC/ST Act against petitioners.

4. Learned counsel for petitioners has argued that in the dispute regarding passage between petitioners and gram panchayat, instant FIR has been registered as a counter-blast. A suit for injunction was also filed by petitioners regarding this dispute, which was later withdrawn under a compromise. Before recording of FIR a representation dated 09.04.2013 was moved before Director General of Police, Haryana, expressing apprehension that sarpanch of the village and her husband misbehaved with petitioners. Husband of sarpanch, who is in the police department and was posted at Madhuban, had been performing all the functions ofsarpanch. He forcibly got certain works done on the land of owners (villagers) through department after obtaining grants without their consent, notice or demarcation. He also threatened to falsely involve them under the provisions of SC/ST Act. Similar complaint was also moved to Chief Secretary, Haryana Government on 24.06.2013, copy of which has been placed on file as Annexure P-4. Thereafter, a civil suit was filed seeking the relief of injunction to restrain the State o