LAWS(SC)-2013-1-27

RAVINDER SINGH Vs. SUKHBIR SINGH

Decided On January 11, 2013
RAVINDER SINGH Appellant
V/S
SUKHBIR SINGH Respondents

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 14.12.2011, passed by the High Court of Delhi in Crl.M.C. No. 1262 of 2011, by way of which the High Court has dismissed the said application preferred by the appellant for quashing the criminal proceedings launched by respondent no. 1 under Section 3(1)(viii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act 1989').

(2.) Facts and circumstances giving rise to this appeal are that: A. The appellant claims to be the owner of agricultural land measuring 1 bigha and 4 biswas, situated in the revenue estate of village Nangli Poona, Delhi. Respondent no.1 allegedly made an attempt to take forcible possession of the said land, and also filed FIR No. 254 of 2005 on 6.4.2005 under Sections 427, 447 and 506, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). Though the appellant was arrested in pursuance of the said FIR, however, subsequently he was enlarged on bail.

(3.) Shri Shekhar Naphade, learned senior counsel appearing on behalf of the appellant, has submitted that filing the instant complaint case amounts to abuse of process of the court. The criminal complaint is barred by the principle of issue estoppel, as the same issue has been fully adjudicated by the High Court in a criminal contempt case before it, and the High Court was fully satisfied that the fault lay in the actions of Pradeep Rana, respondent no.2, counsel for the appellant. The High Court even accepted the apology of the respondent no.2 thereafter, and closed the said criminal proceedings at the instance of respondent no.1. As the issue has already been adjudicated, and finally closed by the High Court, the Magistrate court cannot sit in appeal against the said order passed by the High Court, closing the said case of criminal contempt, as the subject matter and allegations of the case before him, are verbatim and have already been adjudicated. To invoke the provisions of the Act 1989, it is not enough that the complainant belongs to a Scheduled Caste or Scheduled Tribe, as it must further be established that the alleged offence was committed with the intention to cause harm to the person belonging to such category. Moreover, the term false, malicious and vexatious proceedings must be understood in a strictly legal sense and hence, intention (mens rea), to cause harm to a person belonging to such category must definitely be established. Where genuine civil matter is sub-judice, and parties are settling their disputes in revenue courts, such proceedings must not be entertained. The High Court therefore, committed an error in rejecting the application for quashing criminal proceedings.