"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act

The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, observing that it amounted to abuse of process of law and Court.

The bench of Justices M R Shah and Krishna Murari observed that the private civil dispute between the parties is converted into criminal proceedings.

In this case, the complainant alleged that the accused encroached the pathway adjacent to his house and started to construct temple. It was also alleged that the complainant was prevented from putting up further construction on his building and also criminally intimidated. The Special Court took cognizance of the offences 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. The Madras High Court dismissed the petition filed by the accused challenging the summoning order.

In appeal, the Apex Court bench noted that (1) a private dispute was going on between the parties with respect to the illegal construction (2) 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 (3) Prior to filing of the complaint, it appears that the temple was already in existence since many years.

"It seems that the private civil dispute between the parties is converted into criminal proceedings. Initiation of the criminal proceedings for the offences under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, therefore, is nothing but an abuse of process of law and Court. From the material on record, we are satisfied that no case for the offences under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out, even prima facie. None of the ingredients of Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are made out and/ or satisfied. Therefore, we are of the firm opinion and view that in the facts and circumstances of the case, the High Court ought to have quashed the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure.", the bench observed while allowing the appeal.

Case details

B Venkateswaran vs P Bakthavatchalam | 2023 LiveLaw (SC) 14 | CrA 1555 OF 2022 | 5 Jan 2023 | Justices M R Shah and Krishna Murari

For Appellant(s) D. Durga Devi, Adv. Sharath Chandran, Adv. Mr. Pranab Prakash, AOR

For Respondent(s) Respondent-in-person

Case details

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ; Sections 3(1)(v) and (va) - Code of Criminal Procedure, 1973 ; Section 482 - Private civil dispute between the parties is converted into criminal proceedings - Initiation of the criminal proceedings therefore, is nothing but an abuse of process of law and Court - Complaint and summoning order quashed. 

Click here to Read/Download Judgment