Consumer Forum Member's 'Caste Hurl' Complaint Against Landlords Quashed By Karnataka High Court

The Karnataka High Court on Wednesday quashed the proceedings initiated under the SC/ST (Prevention of Atrocities) Act by a "disgruntled tenant" who happens to be a member of the District Consumer Forum, against her landlords.

A single judge bench of Justice M Nagaprasanna found the narration in her complaint quite strange and said permitting further investigation against the petitioners would amount to abuse of process of law.

The petitioners had approached the Court seeking to quash the complaint lodged by Rekha Sayannavar under Section 3(1)(r) and 3(1)(s) of the Act.

Petitioners averred they had rented out their premises to Sayannavar in June 2018 but as she defaulted in payment of monthly rent, eviction proceedings came to be instituted along with prayer for recovery of rent. They alleged that though the civil court passed a judgment in their favour, Sayannavar failed to comply with the order and hence an execution petition was filed.

The executing court issued a delivery warrant in March this year for Sayannavar's eviction and it was effected on March 29.

Soon thereafter, on the same day, Sayannavar lodged a complainant alleging that on March 26 the petitioners came to her rented house and started hurling abuses at her.

On going through the records the bench was of the view that this is a classic case where provisions of the SC/ST Act are misused by a disgruntled tenant who did not want to pay rent after taking the premises on rent and sought to scuttle the decree by not adhering to it.

"The Delivery warrant being issued against the complainant leads the complainant to register the crime, as a counter blast, and reck vengeance, to what she has suffered as an order of the concerned court,” it observed.

The Court also said that to attract the offence under Section 3(1)(r) of the Act, abuses should be hurled in a 'public place'. However, in this case, the narration in the complaint itself is that the abuses were hurled inside the house. "The presence of the petitioners in the house at that time, is conspicuously absent in the complaint. Therefore the complaint itself is so frivolous that no further proceedings should be permitted to continue,” Court said.

Accordingly it allowed the petition and quashed the criminal proceedings.

Case Title: V Jagdish Bhatija & ANR And State of Karnataka

Case No: CRL.P 4384/2023

Citation: 2023 LiveLaw (Kar) 262

Date of Order: 12-07-2023

Appearance: Senior Advocate P P Hegde for Advocate S SUSHANT VENKATESH PAI for petitioners.