2020 Supreme(SC) 653

SUPREME COURT OF INDIA
L. NAGESWARA RAO, HEMANT GUPTA, AJAY RASTOGI, JJ.
Hitesh Verma – Appellant
Versus
The State of Uttarakhand And Another – Respondent
Criminal Appeal No. 707 of 2020 (Arising out of SLP (Criminal) No. 3585 of 2020)
Decided On : 05-11-2020

IMPORTANT POINTS
(1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(e) – Property disputes between a vulnerable section of society and a person of upper caste will not disclose any offence under the Act unless allegations are on account of victim being a Scheduled Caste.
(2) Criminal Procedure Code, 1973 – Section 482 – There is no prohibition under law for quashing charge-sheet in part.

Headnote:

(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(e) – Indian Penal Code, 1860 – Sections 452, 504 and 506 – House trespass, intentional insult and criminal intimidation – Act is intended to punish acts of upper caste against vulnerable section of society for reason that they belong to a particular community – Object of Act is to improve the socio-economic conditions of Scheduled Castes and Scheduled Tribes as they are denied number of civil rights – An offence under the Act would be made out when a member of vulnerable section of Society is subjected to indignities, humiliations and harassment – Assertion of title over land by either of parties is not due to either indignities, humiliations or harassment – Every citizen has a right to avail their remedies in accordance with law – If appellant or his family members have invoked jurisdiction of civil court or that respondent No.2 has invoked jurisdiction of civil court, then parties are availing their remedies in accordance with procedure established by law – Such action is not for reason that respondent No.2 is member of Scheduled Caste – Another key ingredient of provision is insult or intimidation in any place within public view – If an offence is committed outside building e.g. in a lawn outside a house, and the lawn can be seen by someone from road or lane outside boundary wall, then lawn would certainly be a place within public view – On the contrary, if remark is made inside a building, but some members of public are there (not merely relatives or friends) then it would not be an offence since it is not in public view. (Paras 10 and 13)

(B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(e) – Indian Penal Code, 1860 – Sections 452, 504 and 506 – Criminal Procedure Code, 1973 – Section 482 – House trespass, intentional insult and criminal intimidation – Petition under Section 482 of Code to challenge charge-sheet and order taking cognizance – Offence under the Act is not established merely on fact that informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for reason that the victim belongs to such caste – As per FIR, allegations of abusing informant were within four walls of her building – It is not the case of informant that there was any member of public (not merely relatives or friends) at the time of incident in house – Basic ingredient that words were uttered “in any place within public view” is not made out – There is a dispute about possession of land which is subject matter of civil dispute between parties – Due to dispute, appellant and others were not permitting respondent No.2 to cultivate land – Since matter is regarding possession of property pending before Civil Court, any dispute arising on account of possession of said property would not disclose offence under the Act unless victim is abused, intimated or harassed only for reason that she belongs to Scheduled Caste or Scheduled Tribe – Allegation of hurling of abuses is against a person who claims title over property – If such person happens to be a Scheduled Caste, offence under Section 3(1)(r) of Act is not made out – Property disputes between a vulnerable section of society and a person of upper caste will not disclose any offence under the Act unless allegations are on account of victim being a Scheduled Caste – Finding that appellant was aware of caste of informant is wholly inconsequential as knowledge does not bar any person to protect his rights by way of a procedure established by law – Charges against appellant under Section 3(1)(r) of Act are not made out – Charge-sheet to that extent quashed – FIR in respect of other offences will be tried by competent Court in accordance with law along with criminal case. (Paras 15, 16, 18, 22, 24 and 25)

(C) Criminal Procedure Code, 1973 – Section 482 – Exercise of inherent jurisdiction – There is no prohibition under law for quashing charge-sheet in part – In a petition filed under Section 482 of Code, High Court is required to examine as to whether its intervention is required for prevention of abuse of process of law or otherwise to secure ends of justice. (Para 23)

Facts of the case:

Challenge in the present appeal is to an order passed by High Court of Uttarakhand at Nainital on 20.7.2020 whereby petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 19731 for quashing the charge-sheet as well as the summoning order dated 25.6.2020 was dismissed. FIR No. 173 in question was lodged by the respondent No. 2 on 11.12.2019 at 23:24 hours in respect of an incident alleged to have occurred on 10.12.2019 at 10:00 hours against the appellants and others. The FIR was lodged for the offences under Sections 452, 504, 506 and Section 3(1)(x) and 3(1)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Findings of Court:

Appellant had sought quashing of the charge-sheet on the ground that the allegation does not make out an offence under the Act against the appellant merely because respondent No. 2 was a Scheduled Caste since the property dispute was not on account of the fact that respondent No. 2 was a Scheduled Caste. The property disputes between a vulnerable section of the society and a person of upper caste will not disclose any offence under the Act unless, the allegations are on account of the victim being a Scheduled Caste.