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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL
Nirupama Dadi – Appellant
Versus
State of Telangana – Respondent
ORDER:
The present Criminal Petition is filed seeking to quash the proceedings in S.C.No.229 of 2020 on the file of the learned Special Sessions Judge for SC/STs (POA) Act, 1989-cum-III Additional District & Sessions Judge, Ranga Reddy District.
2. Heard Mr. Vimal Varma Vasireddy, learned counsel for the petitioner and Mr. E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1 State.
3. On 04.04.2019, the de-facto complainant lodged a report against the petitioners. Both were college classmates. The complainant left for Australia in 2003 to pursue higher education and returned to Hyderabad in 2006, started his own architectural and interior design business in 2007. The marriage of the 1st petitioner was performed with her brother-in-law and she blessed with a daughter. Thereafter, disputes arose between them and they lived separately and she got divorce in the year 2009-10.
4. The 1st petitioner and de-facto complainant married on 19th January 2014 which is an inter-caste marriage i.e., complainant belongs to Mala Scheduled Caste, 1st petitioner to Kapu community. After the said marriage, they lived in Hyderabad, and they have purchased a car jointly. However, the
Allegations of caste-based abuse must occur in public view to be actionable under the SC/ST (POA) Amendment Act; domestic disputes are not covered under this statute.
Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidation with an intention to humiliate a member of Scheduled Caste or Scheduled Tribe by itself is not made an offence.....
Charges under SC/ST Act require intentional, public misconduct; private disputes don’t meet criteria for offences.
Disputed facts should be decided in trial, and criminal complaints cannot be quashed solely on the ground that the allegations are civil in nature.
Vague and omnibus allegations against relatives residing separately without specific roles in a matrimonial dispute cannot sustain a prosecution under IPC and SC/ST Act, amounting to an abuse of proc....
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