The Calcutta High Court on Wednesday dismissed a revision application to quash criminal proceedings against the petitioners who were charged under various sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, for insulting the modesty of a woman from an SC community.
The single-judge bench of Justice Shampa Dutt Paul observed that the alleged incident took place in the complainant’s courtyard within public view, there were witnesses (section 3(1) (x) of the SC & ST Act) and there was also an allegation of tearing the blouse and pulling the saree of the complainant’s wife and other allegations. Admittedly, the dispute relates to a piece of land, which was occupied by the complainant (section 3 (1) (iv) of the SC & ST Act).
While considering the nature of the dispute, alleged payment by the petitioners along with a house, petition of compromise, the bench directed the trial court to refer this matter for mediation to the concerned District Legal Services Authority before proceeding in the case.
Justice Paul was hearing a revision application for quashing proceedings pending in connection with New Town Police Station Case No. 376 of 2016 dated July 15, 2016, under sections 323/427/354/509/379/120B of the Indian Penal Code and section 3(1)(iii)/3(x)/3(xi)/3(xv) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, pending before the 1st Additional District and Session Judge at Barasat.
There was a property dispute between the petitioners and the opposite party and all the suits were pending before the Civil Judge, Senior Division, 1st Court, Barasat. The complainant in the case belongs to a Scheduled Caste. It was claimed by her that all the accused persons after making a criminal conspiracy, came to the house of the complainant and started using filthy language towards her and other family members and also started showing gestures and postures to insult the modesty of a woman.
Further, the accused persons forcibly pulled the complainant’s saree, tore her blouse, and insulted her as well as her family members by using abusive language.
On the other hand, the petitioners submitted that they were innocent and were in no way connected with any offence, far less offences alleged herein. Further, they stated that they had no past conviction records as well.
The impugned allegations were just to harass, blackmail and squeeze out financial benefits with an unethical, mala fide intention, they claimed.
The petitioners also submitted that on December 12, 2015, they had signed an agreement with the complainant’s husband to settle all pending litigation between the parties and for which the petitioners agreed to pay Rs 55,00,000.
The advocate appearing for the petitioners submitted that the instant proceeding as initiated against them was baseless, frivolous and displayed a clear misuse of provisions of criminal law and failed to disclose any commission of an offence by the petitioners. The counsel prayed to quash the proceedings.
The public prosecutor submitted that the matter was serious in nature and thus the case should be permitted to proceed towards trial.
The court noted that there had been several cases pending against the petitioners.
“A prima facie case appears from the materials on record against the petitioners and there being sufficient materials on record, the case should be permitted to proceed towards trial,” the HC added.
Accordingly, the court dismissed the revision application.
Comments
0 comment