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  • section 3 of the special Act
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  • section 3 of the special Act
Smart Summary

Structured Summary of the Provided Opinion

Factual and Procedural Background

The complaint alleged that on 27.5.2004 the appellant abused Respondent 3 with the name of their caste. The complaint was framed under Section 3 of the Act. The court found that the complaint did not allege that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe, nor that he intentionally insulted or intimidated Respondent 3 with intent to humiliate in a place within public view. The petitioners had purchased a disputed house which the complainant desired to purchase, and there was prior, long-standing litigation between the parties. The petitioners moved to quash the FIR (Annexure P-I) and all subsequent proceedings arising therefrom.

Legal Issues Presented

  1. Whether the complaint/FIR under Section 3 of the Act disclosed the basic ingredients of the offence, in particular an allegation that the accused was not a member of the Scheduled Caste or Scheduled Tribe and that there was intentional insult or intimidation with intent to humiliate in a public place.
  2. Whether a criminal complaint based on a civil dispute and motivated by vengeance or malice may be quashed as an abuse/misuse of the process of criminal law.
  3. Whether, on the facts presented, the impugned FIR and subsequent proceedings should be quashed under the principles laid down by the Supreme Court in Bhajan Lal and subsequent decisions.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
254 : (2008) 12 SCC 531 Interpretation of provisions of Section 3 of the Act and the scope of Section 482 Cr.P.C.; requirement that complaint must allege accused was not a member of SC/ST and that insult/intimidation was intentional with intent to humiliate in a place within public view (para 6). Quoted and applied to hold that the instant complaint lacked the basic ingredients required under Section 3(1)(x) of the Act and therefore permitting the complaint to continue would be an abuse of process.
Asmathunnisa v. State of Andhra Pradesh & another, 2011) 11 SCC 259 (2011(2) R.C.R.(Criminal) 571; 2011(2) R.A.J. 388) Reiteration of the view regarding interpretation of Section 3 and scope of quashing where ingredients are missing. Recognized as reiterating the same principle and relied upon to support quashing of the FIR in the present case.
State of Haryana & others v. Ch. Bhajan Lal & others, AIR 1992 Supreme Court 604 (1991(1) R.C.R.(Criminal) 383) Principle that malicious or vexatious FIRs and criminal proceedings instituted to achieve collateral civil ends can be quashed. Applied to conclude that the FIR was malicious/vexatious and filed to wreak vengeance, making it liable to be quashed.
Som Mittal v. Government of Karnataka, 2008(2) R.C.R.(Criminal) 92 Reiteration/application of the Bhajan Lal principle. Referenced as another decision reiterating the Bhajan Lal principle to support quashing in the present circumstances.
Indian Oil Corporation v. NEPC India Ltd. & Others, (2006) 6 SCC 736 (2006(3) R.C.R.(Criminal) 740) Warning against converting purely civil disputes into criminal cases; caution that criminal prosecution should not be used to apply pressure in civil disputes. Relied upon to observe and criticize the tendency to convert civil disputes into criminal proceedings and to support the conclusion that the present FIR was an improper attempt to execute a civil claim via criminal process.

Court's Reasoning and Analysis

The court proceeded by reference to earlier authoritative interpretations of Section 3 of the Act and the scope of Section 482 Cr.P.C. It noted that, according to the authorities, a complaint under Section 3(1)(x) must allege that the accused was not a member of the Scheduled Caste or Scheduled Tribe and that the accused intentionally insulted or intimidated the complainant with intent to humiliate in a place within public view. The court found that the present complaint omitted these basic ingredients.

The court observed a broader social tendency of complainants recasting ordinary occurrences under the Indian Penal Code as offences under Section 3 of the Act by adding vague or false allegations, a trend the court said should be curbed because it produces abuse of the criminal process and weakens legitimate prosecutions under the Act.

The court examined the factual matrix: the petitioners had purchased the disputed house which the complainant had wanted to purchase and the parties had been litigating for a long period. On perusal of the materials and prior litigation, the court found the complaint to be malicious and vexatious and filed to wreak vengeance. Relying on Bhajan Lal and subsequent authorities (including Som Mittal and Indian Oil), the court held that civil disputes cannot be allowed to be converted into criminal proceedings and that the impugned FIR was an abuse of the process of criminal law.

The court rejected the complainant's contrary contentions that the offence under Section 3 was made out "stricto sensu" on the facts, and concluded that no other legal points of substance had been pressed.

Holding and Implications

The petition is accepted; the impugned FIR (Annexure P-I) and all subsequent proceedings arising therefrom are quashed and the petitioners are discharged from the indicated criminal case.

Implications: The direct consequence is that the FIR and all proceedings arising from it are set aside and the petitioners are discharged. The court based its decision on the absence of essential allegations in the complaint, the finding of malice/vexation and established precedents warning against converting civil disputes into criminal prosecutions. The opinion does not state that a new legal precedent was established; it applies existing Supreme Court authorities to the facts at hand.

    Dr. Onkar Chander Jagpal Another v. Union Territory, Chandigarh Another

    254 : (2008)12 SCC 531, wherein having interpreted the provisions of Section 3 of the Act and scope of Section 482 Cr.PC, it was ruled (para 6) as under :- "6. In the instant case, the allegation of Respondent 3 in the entire complaint is that on 27.5.2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 3(1)(x) of the Act, the complainant ought to have alleged that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe and he (Respondent 3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate Respondent 3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law." 19. Sequelly, the same view was again reiterated by Hon'ble Supreme Court in case Asmathunnisa v. State of Andhra Pradesh represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another 2011(2) R.C.R.(Criminal) 571 : 2011(2) Recent Apex Judgments (R.A.J.) 388: (2011) 11 SCC 259. 20. As strange as it may appear, but strictly speaking, the common tendency and frequency of the complainants of involving and roping the accused on vague & bald allegations under section 3 of the Act, have been tremendously increasing day-by-day in our society. Even the plain and simple occurrence under the Indian Penal Code is given the colour of offence under section 3 of the special Act by adding false and vague allegations as in the instant case. This tendency needs to be curbed. If not discouraged and in the wake of their over enthusiasm and anxiety to take revenge of civil dispute by involving the accused in such falsecriminal cases, in that eventuality, it will ultimately weaken those true cases of the prosecution as well even against the real culprits and the very object and purpose of the Act, would pale into insignificance in this relevant behalf. 21. Likewise, there is another aspect of the matter, which can be viewed from a different angle. It is not a matter of dispute that petitioners have purchased the disputed house, which the complainant party desired to purchase. They are litigating since long. If the epitome of the facts and material of previous litigation between the parties is put together and is perused, then, to me, the conclusion is inescapable that the complainant has filed the instant false criminal complaint maliciously and vexatiously in order to wreak vengeance, which formed the basis of FIR (Annexure PI) against the petitioners, which is liable to be quashed, in view of the law laid down by the Hon'ble Apex Court in a celebrated judgment in case State of Haryana and others v. Ch. Bhajan Lal and others, 1991(1) R.C.R.(Criminal) 383 : AIR 1992 Supreme Court 604, which was again reiterated in case Som Mittal v. Government of Karnataka, 2008(2) R.C.R.(Criminal) 92. 22. It is now well-recognized principle of law that such matter of civil dispute cannot legally be allowed to become a subject matter of criminal proceedings. Otherwise, there will be no end of unwarranted litigation and it will inculcate and perpetuate injustice to the cases of the petitioners in this relevant direction. In this manner, the complainant cannot possibly be permitted to execute a non-existent civil court decree by putting pressure of criminal prosecution on the petitioners. 23. An identical point was decided in case Indian Oil Corporation v. NEPC India Ltd. & Others, 2006(3) R.C.R.(Criminal) 740 : (2006)6 SCC 736 and Hon'ble Supreme Court cautioned about a growing tendency of the peopie to convert purely civil disputes into criminal cases and noticed the prevalent impression that since the civil law remedies are time consuming and do not adequately protect the interests of the parties, so, the people have started to settle civil disputes and claims, which do not involve any criminal offence, by applying the pressure through criminal prosecution and such effort should be deprecated and discouraged. 24. Therefore, the contrary arguments of counsel for complainant-respondent that the offence under section 3 of the Act is made out against the petitioners "stricto sensu" deserve to be and are hereby repelled under the present set of circumstances, as the ratio of law laid down in the aforesaid judgments "mutatis mutandis" is applicable to the facts of the present case and is the complete answer to the problem in hand.. 25. Adjudged from any angle, to my mind, the lodging of the FIR (Annexure PI) by the complainant and all other subsequent proceedings arising therefrom, against the petitioners-accused, is sheer and complete misuse/abuse of process of criminal law. Thus, the impugned FIR (Annexure P-l) and all other subsequent proceedings arising therefrom deserve to be set aside in the obtaining circumstances of the case. 26. No other legal point, worth consideration, has either been urged or pressed by the counsel for the parties. 27. In the light of aforesaid reasons, the instant petition is accepted. Consequently, the impugned FIR (Annexure PI) and all other subsequent proceedings arising therefrom are hereby quashed. The petitioners are accordingly discharged from the indicated criminal case. _____________

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    Dr. Onkar Chander Jagpal Another v. Union Territory, Chandigarh Another
    (Jan 23, 2010)