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Urmila D'mello and Ors. Vs. The State of Maharashtra and Ors. (Neutral Citation: 2023:BHC-AS:39279-DB) - (High Court of Bombay) (22 Dec 2023)

Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution is empowered to take into account the overall circumstances leading to registration of case

MANU/MH/5153/2023

Criminal

By present Application under Section 482 of the Code of Criminal Procedure, 1973, the Applicants invoke inherent powers of this Court and seeks quashing and setting aside of FIR registered for the Offences Punishable under Sections 3 (1) (viii) & (x) of the Scheduled Castes & The Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sections 352, 504 and 506 of the Indian Penal Code, 1860 against the Applicants.

In the impugned F.I.R., Respondent No.2 did not mention exactly when and where the Petitioners abused him on caste and in whose presence. Whether, both the Petitioners abused him so at the same time and place, or at different times and places. Thus, the allegations that, the Petitioners were abusing Respondent No.2 on caste are in general and very vague. Hence, not sufficient to make out the alleged offences.

Since the demand of monetary benefits made by Respondent No.2 was not accepted, he started behaving in an undisciplined manner, complained to various Public Authorities against the Applicants and disputed with them. And when Applicant No.2 filed the complaint on 7th January, 2013, he also filed the belated impugned F.I.R. and booked the Applicants for the offences stated therein. Thus, said F.I.R. is nothing but manifestly frivolous and vexatious or instituted with the ulterior motive for wreaking vengeance

In the case of Iqbal alias Bala and Othrs .vs. State of U.P. and Others., the Apex Court held that, "Whenever an accused comes before the Court invoking either the inherent powers under Section 428 of Cr.P.C. or extraordinary jurisdiction under Article 226 of the Constitution to get the F.I.R. or the criminal proceedings quashed essentially on the ground that, such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances, the Court owes a duty to look into the F.I.R. with care and a little more closely. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the Cr.P.C. or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. ".

The impugned F.I.R. registered for the Offences Punishable under Sections 3 (1) (viii) & (x) of the SC & The ST (Prevention of Atrocities) Act, 1989 read with Sections 352, 504 and 506 of the IPC is quashed. Application allowed.

Tags : FIR   REGISTRATION   LEGALITY  

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