Brief Facts
- The Complainant filed a private complaint under Section 200 of the Cr.P.C. in the Court of learned Metropolitan Magistrate and after recording the statements of the witnesses, the Ld. Court took cognizance of the case under Section 3(1)(v) and (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 against the Accused person on the allegations that the accused have conspired and unlawfully encroached the pathway adjacent to his house and started to construct temple. It was alleged that the said temple was built up on the complainant’s water pipeline, Sewage Pipeline and EB cable and thereby caused obstructions to him to enjoy his property.
- Summons were issued by the Ld. Magistrate Court on such complaint of the Complainant and against the same the Accused filed a Petition under Section 482 of the Cr.P.C. before the High Court seeking quashing of the criminal proceedings. The petition was dismissed by the High Court, and the Accused preferred Criminal Appeal against such order of High Court before the Hon’ble Supreme Court.
Issues
- Whether the accused has obstructed the Complainant from enjoyment of his right over the property deliberately and wilfully knowing that the Complainant belongs to SC/ST community and thus, whether the offence under section 3(1)(v), (va) of the SC/ST Act is prima facie made out?
- Whether in light of the facts of the case, the Criminal proceedings qua the accused person be quashed?
Held
- Apex Court allowed the appeal and ordered for quashing of the criminal proceedings.
- Having considered the allegations in the complaint and the material on record, it appears that initiation of the criminal proceedings by the respondent against the appellants – original accused for the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is nothing but an abuse of process of law and the court and also provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It appears that a private dispute was going on between the parties with respect to the illegal construction.
- In the entire complaint, there are no allegations that the complainant is obstructed and / or interfered with enjoyment of his right on his property deliberately and willfully knowing that complainant belongs to SC/ST. From the material on record, it appears that a civil dispute is converted into criminal dispute and that too for the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Therefore, we are of the firm opinion and view that in the facts and circumstances of the case, the High Court ought to have quashed the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure. The impugned judgment and order passed by the High Court, therefore, is unsustainable and the same deserves to be quashed and set aside.
Relevant Para No.
2, 3