Punjab & Haryana High Court refuses to quash FIR under SC/ST Act and BNSS, says allegations show prima facie offence
Case Name: Kashmir Kaur Rai v. State of Punjab
Date of Judgment: October 08, 2025
Citation: CRM-M-53361-2025
Bench: Hon’ble Mr. Justice Jasjit Singh Bedi
Held: The Punjab & Haryana High Court dismissed a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of FIR No. 0044 dated October 10, 2024, registered under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023. The Court held that the allegations in the FIR, which accused the petitioner of using caste-based derogatory language in a public place, prima facie disclosed the commission of an offence under the SC/ST Act, and therefore, quashing could not be granted at the threshold.
Summary: The complainant Sukhdev Singh alleged that on September 4, 2024, while he was at his dairy farm-cum-property office in Village Nurpur, the petitioner — his former wife — came along with others to discuss the sale of a house. When informed that the property could not be sold due to a dispute, she allegedly became angry and used caste-based slurs against him in public view, causing humiliation. Based on this complaint, the FIR was registered at Police Station NRI, Jalandhar, on October 10, 2024, followed by a final report under Section 193(4) BNSS.
The petitioner contended that the FIR was a counterblast to civil disputes between her children and a property dealer, Jaswant Singh, who was also a witness in the case, and that there was no property in her name to sell. She also pointed to delay in FIR registration and alleged mala fide intent. The State opposed, submitting that the words used clearly constituted an offence under Section 3(1)(r) and 3(1)(s) of the SC/ST Act, and that the delay was properly explained since the complaint was first made on September 10, 2024.
Justice Jasjit Singh Bedi held that the FIR contained clear allegations showing caste-based insults within public view and that such contentions regarding false implication or counterblast were matters of trial. The Court cited Renu Kumari v. Sanjay Kumar (2008) 2 RCR (Criminal) 549, Lakhwant Singh v. Jasbir Singh (2008) 4 RCR (Criminal) 545, and Akhil Sharda v. Sanjeet Jaiswal (2022) 3 RCR (Criminal) 841, reiterating that quashing at the initial stage cannot be permitted when the FIR discloses a cognizable offence, and a detailed factual inquiry would amount to a “mini-trial.”
Decision: The High Court held that the complaint prima facie made out an offence under the SC/ST Act and the BNSS. Finding no illegality or mala fide in the registration of the FIR, it dismissed the petition. The Court clarified that its observations were limited to the scope of the quashing petition and would not influence the trial proceedings.