UMESHBHAI SOMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.I-73 of 2018 registered with Rajgadh Police Station, District Panchmahal and all the consequential proceedings arising therefrom qua the present applicants.

(2.) At the outset, learned advocate Mr.Kharadi does not press the present petition insofar as offences punishable under Ss. 452, 332, 504, 506(2) and 114 of IPC are concerned, but he press this petition only qua offences punishable under Ss. 3(1)(R)(S) and Sec. 3(2)(5)(a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act").

(3.) Referring to the FIR, learned advocate Mr.Kharadi would submit that the alleged offence did not take place within public domain. He would further submit that according to FIR, the incident took place within the residential house and therefore, there is clear bar of Sec. 3(1)(10) of Atrocities Act are attracted in the present case. He would further submit that on plain reading of FIR, it does not indicate that the first informant has mentioned in FIR that he belongs to a particular caste i.e. Scheduled Caster or Scheduled Tribe and having knowledge of the same, the accused has abused him and insulted him for the caste. Therefore, since ingredients of offence under Sec. 3(1) (R)(S) and 3(2)(5)(a) of the Atrocities Act are not satisfied, the offence may be quashed. Learned advocate Mr.Kharadi referred to the judgment of coordinate Bench of this Court in case of Sandip @ Sanjay @ Tako Chhaganbhai Ughreja vs. State of Gujarat and another, being Criminal Misc. Application No.15188 of 2014. Upon above submissions, he would submit to quash the FIR as far as offence under the Atrocities Act are concerned.