WPCRL/808/2022
2022 Latest Caselaw 2338 UK

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                                      I.A. No. 1 of 2022
                                      In
                                      WPCRL No. 808 of 2022
                                      Shri Sanjaya Kumar Mishra, J.

Shri Anil Anthwal, learned counsel for the petitioner.

Shri P.S. Uniyal, learned Brief Holder for the State/ respondents no. 1 and 2.

Heard learned counsel for the parties and perused the records.

A careful reading of the FIR would reveal that petitioner dragged the right hand of the informant and pulled her towards him and stated that she belongs to a lower caste. This occurrence took place in the field of the complainant.

Learned counsel for the petitioner submits that this is a civil dispute between the parties.

This Court is of the opinion that outraging the modesty of a woman cannot be termed as civil dispute. Secondly, the matter was placed before the Mediation Committee for mediation. However, record shows that on the first occasion, when matter was placed before Mediation Committee, the complainant appeared once but thereafter, she did not appear.

It is borne out of record that there is no possibility of compromise between the parties. If the contents of the FIR are taken to be true, at this stage, prima facie, it appears that offences under Section 354, 354C, 506 IPC and Section 3 (1) (r) of the Scheduled Caste and the Scheduled Tribes (Prevention from Atrocities) Act, 1989 are clearly made out. Moreover, this case does not fall within the guidelines framed by Hon'ble Supreme Court in the following three judgments viz. "State of Haryana v. BhajanLal (1992) Supp (1) SCC 335", "R.P. Kapur v. State of Punjab AIR 1960 SC 866" and "M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others (2021) SCC Online SC 315", therefore, there is no scope of quashing the FIR.

Accordingly, the writ petition is dismissed being devoid of merits. Interim order dated 10.06.2022 passed by this Court stands vacated.

I.A. No. 1 of 2022 stands disposed of accordingly.

(Sanjaya Kumar Mishra, J.) 28.07.2022 (Grant urgent certified copy of this Order, as per Rules)

SKS