IMPORTANT POINT
Civil dispute between parties cannot be converted into criminal proceedings.

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of judicature at Madras in Criminal (OP) No.33505 of 2019, by which, the High Court has dismissed the said petition under Section 482 of the Code of Criminal Procedure and has refused to quash the criminal proceedings initiated by the private respondent herein, initiated against the petitioners for the offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused have preferred present appeal.

2. That the private respondent herein has filed a private complaint under Section 200 of the Code of Criminal Procedure in the Court of learned Metropolitan Magistrate, Egmore, Chennai for alleged offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 alleging inter alia that the petitioners herein – original accused have conspired and unlawfully encroached the pathway adjacent to his house and started to construct temple. It was alleged that the said temple was built up on the complainant water pipeline, Sewage Pipeline and EB cable and thereby caused obstructions to him to enjoy his property. Therefore, it was alleged that even after order passed by the High Court, the accused persons did not stop the illegal construction and thereby committed atrocities on the peaceful living of his family. It was further alleged that the accused persons prevented the complainant from putting up further construction on his building and also criminally intimidated. That the Special Court after receipt of the complaint, recorded the sworn statement of the complainant under Section 200 of the Code of Criminal Procedure and also examined the witnesses under Section 202 of the Code of Criminal Procedure who were produced by the complainant and thereafter took cognizance of the case under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and issued summons to the accused persons. Being aggrieved and dissatisfied with the summons issued by the learned Special Court, the accused persons filed the petition under Section 482 of the Code of Criminal Procedure before the High Court to quash the criminal proceedings against them. By the impugned judgment and order, the High Court has dismissed the said application and has refused to quash the criminal proceedings. Hence, present appeal at the instance of the original accused.

3. We have heard Shri Nagamuthu, learned senior counsel for the appellants – original accused and the respondent appearing in person. We have also gone through the complaint and considered the allegations in the complaint made against the accused. Having considered the allegations in the complaint and the material on record, it appears that initiation of the criminal proceedings by the respondent against the appellants – original accused for the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is nothing but an abuse of process of law and the court and also provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It appears that a private dispute was going on between the parties with respect to the illegal construction. As per the allegations in the complaint, the original complainant had purchased the vacant land and constructed the building. It is alleged that adjacent to his house and on the common pathway, the accused have unlawfully encroached upon the pathway and started constructing the temple and thereby have put up illegal construction on his water pipeline, sewage pipeline and EB Cable. In the entire complaint, there are no allegations that the complainant is obstructed and/or interfered with enjoyment of his right on his property deliberately and willfully knowing that complainant belongs to SC/ST. From t