The misuse of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act can warrant quashing of criminal proceedings if evidence indicates false allegations motivated by personal grievances and contentious background.

ORAL ORDER

Petitioners who are arraigned as Nos.1 and 2 have filed this petition under Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against them in Spl.C.No.766/2021, for the offences punishable under Sections 3(1)(r)(s) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act ('SC/ST(POA) Act' for short) and Sections 504 , 506 r/w 34 of IPC pending on the file of 70^th Addl. City Civil and Sessions Judge and the Special Court, Bengaluru.

2. In support of the petition, petitioners i.e, accused Nos.1 and 2 have contended that they are husband and wife. Complainant is their immediate neighbour. They are sharing a common passage to their residential houses. Complainant has constructed a 5 storey commercial building in violation of sanction plan and building bye-laws. The common passage and the illegal building are the subject matter of several litigations between the parties before this Court as well as Civil Court. Contempt Petition initiated against complainant is pending before the Hon'ble Apex Court.

2.1 It is alleged that on 31.08.2020, complainant and petitioners visited the jurisdictional police station for enquiry in relation to a complaint filed by the complainant. After the enquiry, when complainant and his son were returning back home, at around 9.30 p.m. at Swastik Circle, near Vishnuvardhan Statue, Sheshadripuram, petitioners hurled abuses at the complainant and his son referring to their caste.

2.2 There is inordinate delay of nearly two weeks in filing the complaint. Petitioners approached this Court in Crl.P.No.6101/2020 for quashing the criminal proceedings. It came to be rejected on 29.01.2021, on the ground that it was premature. However, liberty was reserved to them to file a fresh petition after charge sheet is filed.

2.3 Now that the charge sheet is filed, petitioners have filed this petition. Petitioners are the absolute owner of the property No.174/3 having purchased during 2005. They have constructed house during 2016. Complainant who is their neighbour started constructing a commercial complex during 2017. Earlier these properties were common and complainant and petitioners have purchased their respective properties from the same owner. There is a common passage leading to their respective properties.

2.4 Since, complainant started putting up construction, violating sanction plan and building bye-laws, petitioners approached the Competent Authority. When no action was taken, they filed W.P.No.34951/2017. Vide order dated 09.08.2017, this Court directed parties to maintain status-quo. During the pendency of the petition, BBMP passed orders under Section 321 (3) of MUNICIPAL CORPORATION ACT , for demolition of the portion of the building constructed illegally. However, no further action was taken. Petitioner No.2 has also filed contempt petition before this Court in CCC.No.1772/2019(Annexure-G & H) against the complainant for violating the status-quo order.

2.5 Aggrieved by the same, complainant started filing false and frivolous complaint. The jurisdictional police hand in glove with the complainant started harassing petitioners. They even coerced the petitioners to give statement to the effect that dispute is settled with regard to illegal construction and the contempt petition was dismissed. However, later on it was restored in a review petition filed by the petitioner. Against the said order, complainant has approached the Hon'ble Apex Court in SLP(Crl)No.2616/2020 and it is pending for consideration.

2.6 In the meanwhile, complainant has also approached the BBMP authorities, alleging violation in