IMPORTANT POINT
The court established that civil disputes should not be pursued as criminal cases to prevent abuse of legal processes.

ORDER :

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] has been filed by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings against them in Crime No.462 of 2021 on the file of Dharmajigudem Police Station, West Godavari District for the offences punishable under Sections 447, 427 and 506 read with 34 of the Indian Penal Code[for short ‘IPC’] and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[for short ‘SC and ST Act’].

2. The brief facts of the complaint are as follows:

a. Complainant is the possessor of Ac.1.27 cents of agricultural land in Pochavaram, Rangapuram village and he has been cultivating cotton in the said land since six years. In view of the land dispute between him and Petitioner/Accused No.1, the Complainant approached the Hon’ble Court and in turn the Court allowed him to cultivate the said land. Though Petitioner/Accused No.1 asked the Complainant several times to sell the said land to him, the Complainant did not agree for the same.

b. That being so, on 25.10.2021 at 11.00 p.m., Petitioners/ Accused Nos.1 and 2 criminally trespassed into the fields of the Complainant, committed mischief by harvesting the crop with a tractor, caused a loss of Rs.50,000/- to the Complainant and also threatened him with dire consequences.

c. As such, the Complainant lodged a complaint against the Petitioners, which was registered as a case in Crime No.462 of 2021 for the alleged offences.

Grounds Sought for Quashment:

3. Aggrieved by the registration of the case against them, Petitioners/ Accused Nos.1 and 2 filed the present petition seeking quashment of the proceedings against them, on the following grounds:

a. A bare perusal of the aforesaid FIR patently discloses inordinate and unexplained delay and deliberate afterthought in preferring the said report i.e., the allegations against the Petitioners are back dated to 25.10.2021 and the police report was preferred by Respondent No.2 on 27.10.2021.

b. Respondent No.2 himself executed sale deed in favour of the wife of Petitioner/Accused No.1 with regard to the property alleged to have been trespassed into by the Petitioners.

c. Conclusively, the Petitioners have absolute title and ownership over the aforesaid property and Respondent No.2 has no legitimate claim over the same.

d. The property dispute between a vulnerable section of the society and a person of upper caste would not disclose any offence under SC and ST Act unless the allegations are on account of the victim belonging to Schedule Caste or Schedule Tribe.

e. The disputes in the police report are already lis and pending for consideration in a suit for permanent injunction before the Court of Junior Civil Judge, Chintalapudi, vide O.S.No.51 of 2018 without any interim or ad-interim injunction in favour of the Complainant over the property alleged to have been trespassed by the Petitioners.

Arguments Advanced at the Bar

4. Heard Ms. Avanija Inuganti, learned counsel for the Petitioners and Ms. D. Prasanna Lakshmi learned Assistant Public Prosecutor for State/Respondent No.1. Despite service of notice, none represented for Respondent No.2.

5. Learned counsel for the Petitioners would submit that the Petitioners are falsely implicated in the present crime. It is stated that complainant filed a suit for permanent injunction O.S.No.51 of 2018 and no interim orders of injunction was passed in the said suit. As such, the present complaint has been lodged on 27.10.2021 and that the Police advised them to go to Civil Court. Learned counsel submits that, when the civil suit is pending before the competent Court, continuation of the present proceedings is mere abuse of process of law. It is further submitted that the Complainant executed registered sale deeds in favour of the Petitioner/Accused No.1 and his wife, the present case has been lodged against them alleging that they have trespassed int