Madhya Pradesh High Court
Rambaran Sharma vs The State Of Madhya Pradesh on 11 August, 2014
1 M.Cr.C.No.3940/2014
Rambaran Sharma & Others Vs. State of M.P. & Anr.
11/08/2014
Shri S.S. Kushwaha, Advocate for the petitioners.
Ms. Chitra Saxena, P.L. for respondent No.1/State.
None for respondent No.2.
By invoking the inherent powers of this Court, petitioners have preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'the Code') seeking the following relief:
"(i) That, the impugned FIR in crime No.89/2014 dated 11-02-2014 (Annexure A/1) registered at Police Station Ambah District Morena may kindly be quashed and further be quashed the subsequent proceeding in respect of the impugned FIR.
(ii) That, any other relief which this Hon'ble Court deemed found fit in the interest of justice may kindly be granted in favour of petitioner."
Learned counsel for the petitioners submitted that if the FIR is taken in its totality then no ingredient for the offence punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') is found, hence he prayed for quashing of FIR against the petitioners to the extent of Section 3(1)(x) of the Act.
On giving anxious consideration to the arguments advanced by learned counsel for the parties, it seems that the incident occurred on 13-01-2014 in the early morning at about 7:00 am on the ground that petitioners had not permitted Bhoori 2 M.Cr.C.No.3940/2014 Bai to pass through the gate of their house, thereafter, matter has been reported to the police.
Perusal of FIR clearly indicates that petitioners have not abused the complainant on the basis of her caste, hence no offence under Section 3(1)(x) of the Act is made out against the petitioners. Accordingly, the petition filed by the petitioners is allowed to the extent that FIR registered for the offence under Section 3(1)(x) of the Act against the petitioners is hereby quashed.
Copy of this order be sent to the trial Court for information and necessary compliance.
(B.D. Rathi) Judge Anil*