‘Painted with colour of criminality’: Calcutta High Court quashes SC/ST Act case against couple over long-standing land row

‘Land dispute, trespass, molestation’

• The complainant is a neighbour of the two petitioners, and her husband is in the Central Reserve Police Force (CRPF), posted at Kharagpur.
• The present petitioners lodged a complaint in 2019 against the neighbour for the charges of criminal trespass.
• The parties had a long-standing civil dispute over an issue of the boundary of the land.
• Besides this, the neighbour also installed a ground mobile tower in the locality within the close vicinity of the residential area, which is densely populated.
• It was claimed that the said mobile tower is a health hazard.
• It was also claimed that the petitioners were facing problems and approached the neighbour and family with a request to stop such a mobile tower.

• However, it was alleged that they refused to do so and became furious and adamant.
• The petitioners further stated that several complaints and mass representations were submitted before the authorities opposing the installation of the mobile tower, but no action was taken.
• Subsequently, both parties filed cases against each other over the same plot of land, and directions were issued in those proceedings to conduct enquiries and maintain peace and tranquillity.
• It was alleged by the petitioners that the complainant and her husband threatened and physically assaulted one of the petitioners after allegedly trespassing onto his land.
• On the other hand, the neighbour alleged that she was humiliated by the petitioners because she belongs to the ‘Malo’ sub-caste, a Scheduled Caste.
• She also alleged that the son-in-law of the two petitioners stalked and molested her after entering her house, assaulted her with the intention to disrobe, and pulled her sari.

‘Long-standing civil dispute’

• The court noted that the chequered history of litigation between the parties clearly reflected a prolonged civil dispute, with several cases filed by both sides.
• The parties had known each other as neighbours for a considerable period and had earlier entered into an agreement for sale, under which the complainant paid Rs 45,000 to one of the petitioners in 2012.
• However, disputes later arose when the sale deed was allegedly not registered, and the money was not refunded, leading to hostility between the parties.
• In such circumstances, the subsequent allegation that the petitioners humiliated the neighbour by uttering her caste name appears to be an embellishment and apparent afterthought, which prima facie casts serious doubt on the veracity of the complaint.
• The record reflects a considerable and unexplained delay in setting the criminal law into motion, even though the husband of the neighbour is a CRPF personnel.
• It was placed on record that a mass petition dated August 30, 2018, was also submitted by several villagers in connection with a mobile tower installed on the land of the neighbour, causing health hazards, over which one of the petitioners also raised objection since 2018.

• The chargesheet primarily does not disclose any such statement, word or gesture of the petitioners which were made to humiliate or insult the neighbour only because she belongs to the Schedule Caste at the time when such a quarrel took place.
• It was found that there was an execution of an agreement for sale between the neighbour and the other two petitioners, and on assurance of completion of the registration work, she paid an amount of Rs 45,000 in the year 2012 to one of the petitioners, but it was not fulfilled and a legal notice was also issued to them.
• This discloses that initially there was no animosity between the parties, being next door neighbour to each other, and the petitioners executed such an agreement with her, and further she paid a hefty amount on the assurance of one of the petitioners.
• However, such a cordial relationship turned sour after the petitioner did not register the sale deed and also did not repay the amount.
• If the proceeding is allowed to be continued against the petitioner couple in view of the charges levelled against them, it would be a sheer abuse of the process of law and hence liable to be quashed.
• The proceedings pending against the son-in-law of the other two petitioners under the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, are also quashed.

‘Accusation to strengthen case only’

• Appearing for the petitioner, advocate Dhananjay Banerjee submitted that the entire complaint was lodged with vexatious and malicious intention and out of a previous grudge and as a counterblast to the complaint lodged by the present petitioners.
• It was further submitted that in order to strengthen the complaint, the accusations were made under the provisions of the SC/ST Act without having any iota of evidence to constitute such an offence.
• It was also stated that the chargesheet has been submitted mechanically and based on table work, and further, no independent witnesses have been examined.
• Banerjee emphasised that the trial court took cognisance without adhering to the mandatory direction of the Supreme Court and did not apply his judicial mind, for which the said complaint is also liable to be quashed.
• He further pointed out that one of the petitioners is their son-in-law and not a resident of that locality, and he has been framed with false allegations.

‘Ends of justice’

• Representing the state, advocate Subhasis Dey submitted that the inherent power of the high court has to be exercised for ends of justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial.
  Dey pointed out that on the basis of the complaint lodged by his client, the investigation continued, and after collecting satisfactory materials, the chargesheet was submitted.
• He further added that the petitioner has come before this court post the investigation stage, and therefore it can be said that the primary allegations are well established against the petitioners, and to test the veracity and authenticity of the materials collected, there should be a fair trial.
• He added that if the proceeding is not allowed to be continued, the life of a lady would be at stake.