Supreme Court Quashes FIR, Registered Under IPC And SC And ST (Prevention Of Atrocities) Act, Based On Affidavit Of De Facto Complainant

Taking note of the affidavit filed by the complainant which disclosed that there was a misunderstanding and, in fact, the accused persons had not made casteist remarks against the complaint, a Bench comprising Justices Ajay Rastogi and Abhay S. Oka noted -

"After we have heard the learned Counsel for the parties and taking into consideration what has been stated by respondent no.2(complainant) in his affidavit of which a reference has been made, no purpose is going to be served in permitting the prosecution to proceed any further, and it is nothing but be a clear abuse of the process of law."

The relevant portion of the affidavit is reproduced hereinbelow -

"2. I say that the deponent is not much educated person. The deponent did not tell to the typist (who was typing the complaint) to type caste words in the complaint. It was inadvertently added by the typist. In actual, I came to the hand pump situated in front of the shop of Manoj Goyal and Ajay Goyal for drinking water on 23.03.2021. I drunk the water and went away peacefully. Later on some market people told me that Manoj Goyal and Ajay Goyal were using caste words against me when I went there to drink water.
3. I say that I filed a complaint against Manoj Goyal and Ajay Goyal in the police station Hapur Nagar, Distt. Hapur after instigation of the market people.
4. I say that after registration of FIR, the deponent met with Manoj Goyal and Ajay Goyal. They told me that they had not use casteist words against me and some people wanted to make a fight between me and them.
5. I say that the market people have told false things against Manoj Goyal and Ajay Goyal. After intervention of common friends and well wishers, the misunderstanding between the deponent and Manoj Goyal, Ajay Goyal have been resolved amicably. No controversy remained left between us."

A criminal complaint was filed against the accused persons on 01.04.2021. FIR was registered for offence punishable under Section 323, 504, 506 of the Indian Penal Code and Section 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 on 09.04.2021. Subsequently, the charge sheet was filed. The accused filed a petition under Section 482 of the Criminal Procedure Code ("Cr.P.C.") before the Allahabad High Court seeking quashing of the criminal proceedings, which was dismissed on 26.08.2021.

As per the criminal complaint, it was alleged that on 31.03.2021, in the afternoon, when the complainant was washing his hands and mouth at the public tap, the accused, who were standing at their shop assaulted the complainant and hurled casteist remarks at him. The investigation was conducted and charge sheet was filed. However, in an affidavit filed before the Apex Court, the complainant had stated that the incident did not transpire in the manner depicted in the charge sheet. Considering the same, the Apex Court decided to quash the FIR.

Case Title: Manoj Agarwal And Anr. v. State of Uttar Pradesh And Anr. SLP(Crl) No. 8242 of 2021

Citation :

CLICK HERE TO READ/DOWNLOAD THE ORDER