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P. N. DESAI
Saraswathi W/o Basavaraj Kurugod – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), praying to quash the FIR bearing No. Spl(A) FIR No.111/2017 in Crime No.243/2017 dated 05.10.2017 for the offences punishable under sections 3(i), 3(iv), 3(xiii) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') registered by the Raichur West Police Station, Raichur, against the petitioners.
2. It is contended by the petitioners that the petitioners are husband and wife. The petitioner No.1 is the absolute owner of open Plot No.75, bearing M.No.1-11- 154/1-A/1 measuring 40 x 50 feet situated at Bellam Colony, Rampur road, Raichur. It is contended by the petitioners that in view of interference by one C.M. Narayana, petitioners filed a civil suit in O.S.No.374/2012 before the Prl. Civil Judge and JMFC, Raichur against C.M. Narayana and others suit for permanent injunction. The respondent therein filed written statement. The trial Court by order dated 26.09.2012 issued temporary injunction restraining the respondent therein i.e., C.M. Narayan and others from interfering with the possession and peaceful enjoyment of the su
The main legal principle established is that allowing a purely civil dispute to be treated as a criminal offence under the SC/ST Act would constitute an abuse of process of law.
Criminal proceedings arising from a genuine civil property dispute, which lack the essential statutory ingredients for the alleged penal offences and are invoked merely to exert pressure, are liable ....
The court emphasized the need to prevent false and frivolous cases under the SC/ST Act and highlighted the importance of evidence to support charges under the Act.
The court emphasized that an FIR under the SC/ST Act requires the humiliation of a SC/ST member to occur in public view; allegations must substantiate a cognizable offense.
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
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