The Supreme Court has held that the mere attempt by the police to reconcile a dispute between clashing groups cannot prevent them from taking cognizance of criminal acts and registering an FIR.
“The mere attempt at reconciliation cannot prevent the police from taking cognizance of criminal acts,” observed a bench of Justices Sanjay Kumar and K. Vinod Chandran while allowing the appeal filed by members of a Scheduled Caste community.
The case arose from a locality in Punjab where the appellants, belonging to a Scheduled Caste community, protested after drainage water was allegedly diverted into their houses. When tensions escalated, police reached the spot and attempted mediation. However, during the reconciliation efforts, the situation turned violent. According to the prosecution, shots were fired and caste-based abuses were hurled at the Scheduled Caste members.
An FIR was registered on the First Information Statement of a police official who had witnessed the incident. The Punjab & Haryana High Court granted anticipatory bail to the respondents merely because the FIR was lodged on the basis of the police officer’s statement and not by the victims themselves.
Setting aside the High Court’s order, the Supreme Court held that an FIR can validly be lodged on the statement of a police officer who witnessed the offence, irrespective of the fact that reconciliation attempts were underway. The Court emphasised that the police have a discretionary power to register an FIR upon learning of a cognizable offence, and this power cannot be curtailed merely because mediation was being attempted.
“Even the police admit that there was tension prevailing in the locality which led to criminal acts being perpetrated,” the Court noted, stressing that the police were duty-bound to act when criminal offences occurred, regardless of simultaneous mediation efforts.
The bench made it clear that reconciliation or mediation efforts cannot override the statutory duty of the police to enforce criminal law. It also found a prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and cancelled the anticipatory bail granted to the respondents.
The appellants shall now face trial on the strength of the FIR, which has been held to be validly registered.
Case Title: Kuldeep Singh and Anr. v. State of Punjab and Anr. (with connected appeal)
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