Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Kar) 18935

THE HIGH COURT OF KARNATAKA
Hanchate Sanjeevkumar, J
Shyam Mehta – Appellant
Versus
State Of Karnataka – Respondent
CRL.P No. 100213 of 2025

Advocates:
For the Appellants/Petitioners: Shridhar Prabhu
For the Respondents: Abhishek Malipatil, Rajneet M. Pawar

The inherent power to quash criminal proceedings must be exercised sparingly and only to prevent abuse of process. Factual disputes, such as the veracity of allegations, delay in filing, or the context of labour disputes, are to be determined through evidence at trial, not at the FIR stage.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r) and 3(1)(s) - Quashing of criminal proceedings - Delay in filing FIR is not a per se ground for quashing when surrounding circumstances are to be considered during trial - Inherent power under Section 482 of CrPC is to be exercised sparingly and only in rarest of rare cases to prevent abuse of process of Court - Truthfulness of allegations is a matter for trial and not for preliminary stage under Section 482. (Paras 11, 12, 14, 40)

(B) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r) - “Public place” vs. “Place in public view” - Offence does not require a public place, only a place visible to members of the public - Employees present at a workplace can constitute public view, distinguishing private place from place in public view. (Paras 18, 19, 23)

Facts of the case:
Petitioners sought to quash an FIR filed against them for alleged offences under Sections 504 and 584 of IPC and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioners contended that the complaint was lodged after a significant delay, was motivated by an ongoing trade union dispute, and that the alleged incident occurred within private factory premises, failing to satisfy the “public view” requirement of the special Act.

Findings of Court:
The Court held that procedural delays and the existence of labour disputes do not automatically render a complaint false or an abuse of process. The question of whether the incident took place in public view and the veracity of the abuse allegations are factual issues to be determined during the trial.

Issues: Whether the delay in filing the complaint and the context of a labor dispute satisfy the grounds for quashing criminal proceedings under Section 482 CrPC/528 BNSS, and whether the internal premises of a factory can be considered a “place in public view”.

Ratio Decidendi: Inherent powers to quash are to be exercised sparingly. Since there was a prima facie case regarding the incident and the location of the offence, the court cannot embark on an inquiry into the genuineness or truthfulness of the allegations at the FIR stage, leaving those questions for investigation and trial.

Result: Petition dismissed.

Table of Content
1. factual basis of the criminal complaint alleging caste-based insults. (Para 1 , 2 , 3)
2. petitioners' contention regarding abuse of process, delay, and industrial dispute connection. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. scope of section 482 crpc/528 bnss and the assessment of prima facie evidence. (Para 11 , 12 , 13 , 14 , 15 , 16 , 27 , 28)
4. interpretation of 'public view' under the sc/st (prevention of atrocities) act. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23)
5. distinction between industrial disputes and independent criminal offences. (Para 24 , 25 , 26 , 29)
6. distinguishing precedents regarding property/civil disputes from the current facts. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CRIME NO.0146/2024 REGISTERED BY THE RESPONDENT, ON 29TH OCTOBER 2024 FOR ALLEGED OFFENCES, UNDER SECTION 504 AND 584 OF IPC AND SECTION 3(1)(R), 3(1)(S) OF SC AND ST ACT, 1989, AS THE SAME IS ARBITRARY, BASELESS, AND DOES NOT DISCLOSE ANY PRIMA FACIE CASE AGAINST THE PETITIONER/ACCUSED NOS.1 TO 3 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT: HUBBALLI REGISTERED AGAINST THE PETITIONER BY THE 1ST RESPONDENT PROCEDUED AT ANNEXURE-A AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THIS COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CAV ORDER

This criminal petition is filed by the petitioners/accused Nos.1 to 3 under Section 482 of Code of Criminal Procedure (Cr.P.C)/528 of Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS) praying to quash the entire proceedings initiated against the petitioners/accused Nos.1 to 3 with the following prayer:

“PRAYER

A. Quash the First Information Report in Crime No. 0146/2024 registered by the Respondent, on 29th October 2024 for alleged offenses, under Section 504 and 584 of IPC, and Section 3(1)(r), 3(1)(s) of SC and ST Act, as the same is arbitrary, baseless, and does not disclose any prima facie case against the petitioners/accused Nos.1 to 3 registered on the file of II Additional District and Sessions Judge, Dharwad sitting at Hubballi, registered against the Petitioner by the 1st Respondent produced at ANNEXURE-A.

B. direction, restraining the Respondent Police from conducting any further investigation in Crime No.146/2024.

C. Grant the cost of this Petition.

D. Pass any other appropriate order/direction as the Hon’ble Court may deem fit to grant under the present facts and circumstances of the case, in the interest of justice and equity.”

2. It is the brief case of prosecution as per the FIR and complaint averments that the complainant and another person, namely Hanumanth Gurugunti, belong to the Scheduled Castes and Scheduled Tribes Community and were working for 20 years in the “SWIMS TECHNOLOGY PRIVATE LIMITED FACTORY” (‘the factory’ for short). On 06.02.2024, at about 3.30 p.m. to 4.45 p.m., the owners of the factory, who are accused Nos.1 to 3 arrived at the main gate of the dispatch section of the factory.

3. During this interaction, the petitioners/accused Nos.1 to 3 attempted to put pressure on the complainant and one Hanumanth Gurugunti to file a complaint against one Mahadev Khandekar, but they refused to comply with the request of the petitioners/accused Nos.1 to 3. Therefore, they abused the complainant and Hanumanth Gurugunti in filthy language, specifically using derogatory terms with reference to caste, by saying that even if we directed to lodge a complaint before the Police Station, nothing had happened; hence, they abused, insulted and humiliated the complainant and Hanumanth Gurugunti in public view and threatened to dismiss them from employment. Hence, with these allegations, the complaint is lodged and the crime is registered for the offences as above stated.

4. Heard the argumen

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2026 Supreme(Online)(Kar) 18935

THE HIGH COURT OF KARNATAKAHanchate Sanjeevkumar, JShyam Mehta – AppellantVersusState Of Karnataka – RespondentCRL.P No. 100213 of 2025

The inherent power to quash criminal proceedings must be exercised sparingly and only to prevent abuse of process. Factual disputes, such as the veracity of allegations, delay in filing, or the context of labour disputes, are to be determined through evidence at trial, not at the FIR stage.

THE HIGH COURT OF KARNATAKA
Hanchate Sanjeevkumar, J
Shyam Mehta – Appellant
Versus
State Of Karnataka – Respondent
CRL.P No. 100213 of 2025