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Synopsis

The Calcutta HC 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 a scheduled caste 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 and there were witnesses to the incident (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 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, and petition of compromise the present 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 Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, pending before 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 Civil Judge, Sr. Division, 1st Court, Barasat. The complainant in the present case belongs to the Scheduled caste. It was claimed by her that all the accused persons after making criminal conspiracy, came to the house of the complainant and started using filthy language towards the complainant and other family members and also started showing gestures and posture 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 are 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 malafide intention

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 No. 1 herein agreed to pay Rs. 55,00,000/.

The advocate appearing for the petitioners submitted that the instant proceeding as initiated against the present petitioners is baseless, frivolous and displays a clear misuse of provisions of criminal law and fails to disclose any commission of an offence by the Petitioners. The counsel prayed to quash the proceeding.

The public prosecutor submitted that the matter is serious in nature and thus the case should be permitted to proceed towards trial.

The court noted that there have 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 court added.

Accordingly, the court dismissed the revision application.

Case Title: Vikas Kumar Bajoria & Anr. Vs The State of West Bengal & Anr

Statute: Indian Penal Code, The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989