ORDER:

The instant petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the petitioner/Accused, seeking quashment of proceedings against him in Cr. No.164 of 2019 of Hindupur II

1 in short ‘Cr.P.C.’

Town Police Station, Ananthapuramu District, registered under Section 3(1) (g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 19892.

2. The contents of the complaint in brief are;

a. De facto complainant/Respondent No.2 is a resident of Hindupuram and he belongs to Scheduled Caste. His father has two wives and he is the child of second wife. He possesses ancestral property at Hindupuram Part-I, Bangalore Road in Survey No.392A. In the said property, out of Ac.0-12 cents, Ac.0-06 cents comes to the share of complainant. Accused encroached his property and without any permission started construction. When the complainant questioned the accused about his illegal encroachment, the accused abused him and constructed compound wall to the subject property.

3. Heard Sri Md.Saleem, learned counsel for the petitioner and Ms. D.

Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent No.1 and Respondent No.2 (on the instructions from the complainant, submitting arguments on behalf of Respondent No.2).

4. Learned counsel for the petitioner would submit that the petitioner’s wife purchased the subject property on 09.03.2000 under registered sale deed from one S.Ramanjaneyulu and they have been in possession and enjoyment of the subject property. It is stated that the Petitioner’s wife filed

2 In short ‘SC/ST (PoA) Act’

O.S. No.333 of 2019, wherein she has obtained ad-interim injunction in I.A.No.686 of 2019 on 21.08.2019. After obtaining injunction orders, they have been proceeded with the construction. Meanwhile, on 21.10.2019, Respondent No.2 and others came to the property and objected for the construction and lodged a false criminal case against him. Learned counsel further submits that there are no ingredients to attract the offence under Section 3(1)(g) of SCs & STs (PoA) Act against the petitioner and continuing the proceedings against the petitioner is mere abuse of process of law.

5. Learned Assistant Public Prosecutor also fairly conceded that the petitioner’s wife purchased the subject property in the year 2000 and her vendor purchased the same from one K.Nanjaiah and S.Venkatachalapathi. They have purchased the same from one K.Parvathamma and that Parvathamma also purchased the subject property from D.Adimurthy under a registered sale deed.

Point for Determination

6. Having heard the submissions made by the learned counsel representing both parties and on perusal of the material available on record, the point for determination that arises in this case is as follows:

Whether the case against the petitioner/Accused in Cr. No.164 of 2019 of Hindupur II Town P.S., is liable to be quashed by exercising jurisdiction under Section 482 of the Cr.P.C.?

Determination by the Court

7. Considering the submissions made and on perusal of the material on record, this Court is of the view that it is a fit case to exercise jurisdiction under Section 482 Cr.P.C. for quashment of the case against the petitioner with the following reasons.

8. It is beneficial to refer Section 3(1)(g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

“Section 3. Punishments for offences atrocities.

(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—

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(g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom.

Explanation.--For the purposes of clause (f) and this clause, the expression "wrongfully" includes—

(A) against the person's will;

(B) without the person's consent;

(C) with the person's consent, where such consen