R/SCR.A/4330/2020 ORDER DATED: 29/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4330 of 2020 ========================================================== MAHAVIRSINH GAMBHIRSINH ASWAR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR FENIL PRAJAPATI for MR VIRAT G POPAT(3710) for the Applicant JIGNESHKUMAR P PANDAV(8297) for the Respondent(s) No. 2 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 29/09/2025 ORAL ORDER 1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner prayed for quashing and setting aside FIR being C.R.No.A/11189008200520 registered with Vankaner Taluka Police Station, for the offences punishable under Sections 506, 504 of the IPC, u/s 3(1)(r), 3(1)(s) 3(2)(va) of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act (in short “the Act”) as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein. 2. Seeking quashment of the impugned FIR, learned advocate for the petitioner would submit that taking the FIR on its face value, it does not specify that which derogatory words are spoken by the petitioner to lower down the caste of the complainant. He would further submit that even otherwise, the allegations levelled in the FIR does not attract phrase “within the R/SCR.A/4330/2020 ORDER DATED: 29/09/2025 public view” and therefore, offences under the Atrocities Act are not attracted. He would further submit that taking the FIR on its face value, essential ingredients of sections 504 and 506(2) of the IPC are missing against the petitioner. He would further submit that civil dispute has been given colour of criminality. He would further submit that no specific abusive language is noticeable from the FIR and it does not therefore attract criminal intimidation. 2.1 Upon such submission, Learned advocate for the petitioner prays to allow this petition. 3. Learned advocate for the complainant taking this Court through the statement made in the FIR submitted that offence alleged to have been made out against the petitioner as the petitioner have used derogatory words to lower the caste of the complainant and therefore prima-facie material is made out which constitute the offence as alleged in the FIR. He would therefore submit to dismiss the present petition. As far as offence u/s 504, 506(2) of the IPC is concerned, there is intentional insult and even the words are said to have been spoken by the petitioner. He would further submit that specific abusive language is noticeable from the FIR and it does therefore attract criminal intimidation. Upon such submission, learned advocate for the complainant prays to dismiss the petition. 4. Learned APP considering the peculiar facts and circumstances of the case, prays to pass necessary orders. 5. Heard learned advocates for the respective parties. Page 2 of 5 R/SCR.A/4330/2020 ORDER DATED: 29/09/2025 6. Perusing the contents of the FIR, what could be noticed that so far as offence punishable u/s 504 and 506(2) of the IPC are concerned, there cannot be an intentional insult with an intent to provoke breach of peace. These essential ingredients are totally lacking on reading the FIR as well as all the evidence on record. At no point of time, it comes on record that because of intentional insult by the accused, the complainant was provoked to break public peace or to commit any other offence. Considering the contents of the FIR, the prosecution failed to bring the case within four corners of “with an intent to cause alarm to the complainant”. 7. As far as offence under the Atrocities Act are concerned, the FIR on record if reads as it is, does not allege that the petitioner have insulted any member of the Scheduled Caste and Scheduled Tribe within public view. Under these circumstances, since basic ingredients of Atrocities Act are missing in the FIR, further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be abuse of process of law. Prima facie, it appears that the criminal proceedings are manifestly launched with mala fide and ulterior motive for wreaking vengeance. 8. The Hon’ble Apex Court in case of Hon'ble Apex Court in the case of Georige Pentaiah v/s. State of Andra Pradesh [2008 (12) SCC 531], held that complainant ought to alleged that accused are not member of SC /ST caste and he was intentionally insulted or intimidated by the accused with intent to humiliate in place within public view. It is submitted that basic ingredients are missing in the FIR, then permitting such R/SCR.A/4330/2020 ORDER DATED: 29/09/2025 complaint to continue and to compel the accused to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law. 9. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR 1992 SC 604, the Hon’ble Apex Court summed up the proposition of law, which reads as under:- “(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations ins the F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S.156(1) of the Code except under an order of a Magistrate within the purview of S.155(2) of the code. (3) Where, the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same donot disclose the commission of any offence and make out the case against the accused. (4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under S.155(2) of the Code. (5) Whether, the allegations made in the F.I.R. or complaint are sO absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where, there is an express legal bare engrafted in any of the provisions of the Code or the concerned Act (under R/SCR.A/4330/2020 ORDER DATED: 29/09/2025 which a criminal proceeding is instituted) toi the institution and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 9.1 The findings of the Hon’ble Apex Court in para 1,3 and 7 are attracted in the present case. In view of above, present petition deserves consideration. 10. This Court is quite conscious that power u/s 482 of the Code of Criminal Procedure, 1973 is extraordinary power and should be used sparingly, as the exercise of such power would scuttle the FIR at the threshold. But, if the FIR fails to make out essential ingredients of the offence, power should be exercised. 11. Resultantly, this application is allowed. The impugned FIR being C.R.No.A/11189008200520 registered with Vankaner Taluka Police Station filed against the present petitioner is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Direct service is permitted. 12. The State, if so thinks fit, would be at liberty to recover the amount of compensation, if any, granted to the complainant. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 29/09/2025 14:39:08