Madras High Court quashes case against 40 farmers, says protest for crop-loan waiver was not a criminal offence

The petitioners, along with approximately 40 others, were accused in Crime No. 105 of 2017 of offences under Sections 341, 143 and 188 of the IPC, arising from a protest by local agriculturists against the State Government’s failure to waive crop loans.

They sought to quash the FIR under Section 528 of the BNSS, arguing that the protest did not constitute a criminal offence.

The State informed the Court that a final report had been filed but had not yet been taken on file by the court concerned.

1. Whether the FIR alleging offences under Sections 341, 143 and 188 of the IPC could be quashed where it arose from the agriculturists’ protest against the non-waiver of crop loans.

2. Whether the FIR should also be quashed as against the other accused persons who stood on the same footing as the petitioners.

The petition was brought under Section 528 of the BNSS, invoking the High Court’s inherent power to prevent abuse of process and secure the ends of justice.

The FIR alleged offences under Sections 341, 143 and 188 of the IPC.

The Court cited no precedent and did not set out a separate statutory test; it held, on the facts alleged, that the agriculturists’ protest against the non-waiver of crop loans could not be considered a criminal offence.

The Court considered the FIR allegations and found that the petitioners were agriculturists who had protested against the State Government’s failure to waive crop loans.

It concluded that this conduct, as described in the FIR, did not constitute a criminal offence and that continuing the proceedings against the petitioners would amount to an abuse of process of law.

Because the other accused stood on the same footing, the Court extended the same conclusion to them.

The connected miscellaneous petition was closed.