Bharatiya Nagarik Nyaya Sanhita (BNSS) 2023 Section 528–Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989–Section 3(1)(p) –Quashing of FIR–Whether FIR can still be quashed when police has already prepared a cancellation report–
An FIR is registered under Section 3(1)(p) of the SC&ST Act against the petitioners by the R-No.4 alleging discriminatory actions against her husband R-No. 5 by the petitioners and other senior police officers–The complainant alleged racial/caste discrimination and wrongful actions such as forced eviction, financial penalties, and withholding of retirement benefits by the petitioners–The petitioner sought quashing of FIR on the ground that FIR is false and misuse of law as action is taken against the husband of the complainant as per law–Held–The investigation by the State CID found no evidence to substantiate the allegations in the FIR, and a cancellation report was prepared–The petitioners cannot be compelled to suffer the sting of the registration of the FIR, that too, under such a stringent statute, for the acts, which have been done by them, in discharge of their official duties, that too, when the allegations, levelled against them, could not be established, during the investigation–FIR is ordered to be quashed–Petition allowed. (Paras 26, 32 and 33)