IMPORTANT POINT
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.

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 suit property by the petitioners. Thereafter, on 03.10.2017, the trial court passed an order permitting petitioner No.1 to coverup rain water harvesting tank and directed defendants not to cause any hindrance in covering up the said tank work. On 04.10.2017, the defendants therein objected for construction of rain water harvesting tank, but inspite of that on 05.07.2017, said C.M. Narayan filed a complaint before the police alleging that the petitioners have unauthorizedly put up construction and they have filed a false suit against him. Based on the said complaint, and FIR came to be registered by the police. Aggrieved by the registration of the said FIR, this petition is filed to quash the FIR.

3. Respondent No.2 has filed written statement and his contention is that the petitioners have encroached into the 'Lavanya layout' which belongs to respondent.No.2 and they are trying to dig foundation for construction of residential building. Though he has admitted filing of suit against him, but denies that the dispute is civil dispute as shown in the FIR. His application for appointment of surveyor came to be rejected by the trial Court. Though he has objected for permitting the petitioners for covering up the rain water harvesting tank, the trial Court has permitted the petitioners. Hence, the respondent has filed a complaint before the police stating that the petitioners have encroached his property and put up the construction. Therefore, the ingredients of said SC/ST Act are attracted. He also admitted the said suit came to be decreed on 29.09.2018. He further sought this Court to dismiss the petition with a direction to the police to identify the property as claimed by the petitioners and further states that if the property of the petitioners falls in Sy.No.110 and 111 in Bellam colony, he is ready to withdraw the complaint and settle the dispute with the petitioners.

4. I have heard Sri. Mahantesh Patil, learned counsel for the petitioners and learned HCGP and Sri. Ganesh Naik, learned counsel for respondent No.2.

5. Learned counsel for the petitioners argued that the FIR registered by the respondent police is opposed to law and facts and circumstances of the case. The averments in the complaint itself shows that none of the ingredients of 3(1), 3(iv), 3(xiii) of SC/ST Act are attracted. The FIR lodged is nothing but just to harass these petitioners. It is contended that said FIR is filed in order to settle the personal scores which is otherwise an ordinary civil dispute. He contends that suit in O.S.No.374/2012 is pending between the parties and interim order is operating and if the entire FIR is considered in the light of the dispute, then continuation of any such investigation would amount to abuse of process of Court and power of the police. Just to