Petitioners sought quashing of FIR under SC/ST Act alleging property allegations and caste abuse against them. Court held allegations require investigation into caste distinction and property transfer. Petition dismissed as premature.
Petition to quash proceedings under SC/ST Act and IPC sections dismissed; investigation required.
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Crl..P.No.4240 of 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.4240 OF 2020
BETWEEN:
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... PETITIONERS (BY SRI.K.PRASANNA SHETTY, ADVOCATE)
AND:
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MANCHI, MOOLASTANA ROAD, UDUPI TALUK AND DISTRICT – 576 101.
... RESPONDENTS
(BY SRI. K.NAGESHWARAPPA, HCGP; R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT DATED 03.06.2019 ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CR.NO.80/2019 PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSION JUDGE AT UDUPI FOR THE OFFENCE P/U/S 3(1)(f) OF SC/ST (PREVENTION OF ATROCITIES) ACT AND SECTION 417, 420, 465, 470, 120B OF IPC (DOCUMENT NO.3).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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respondent No.2 ought to have filed a civil proceeding relating thereto since respondent No.2.
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“6. In the instant case, the allegation of Respondent 3 in the entire complaint is that on 27.05.2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 391) (x) of the Act, the complainant ought to have alleged that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe and he (respondent No.3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate Respondent No.3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law.”
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is open for the investigating officer not to file charges against petitioner Nos.1 to 4 in relation thereto. The learned counsel for the petitioner has contended that respondent No.2 has voluntarily gone to the Sub Registrar office and executed transfer of property.
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I.A.No.1/2020 is disposed of.
Sd/-
SSD
3 issues framed by the court
Whether the High Court can quash FIR and initiate proceedings under Sections 3(1)(f) of SC/ST (Prevention of Atrocities) Act alleging abuse by use of caste when both parties belong to the same caste c
Whether the allegations regarding transfer of property and conspiracy warrant immediate quashing or require investigation.
Whether submissions arguing that the complainant voluntarily executed the transfer deed constitute a defence suitable for trial rather than pre-trial quashing.
Colour shows how this judgement treated each authority
Gorige Pentaiah Versus State of Andhra Pradesh and othersReferred¶8
Gorige Pentaiah Versus State of Andhra Pradesh and others reported in 2008 12 SCC 531 · Who else cites this
4 provisions across 4 enactments
SMT.DEEPIKA AND ORS.
STATE BY S.H.O. MANIPAL PS
SMT.RUKMINI BAI
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
