Research › Search › Judgment

Karnataka High Court · body

2025 DIGILAW 1295 (KAR)

Sheela Shubhakar @ Sheela S. W/o Shubhakar B. P. v. State of Karnataka

2025-11-19

M.I.ARUN

body2025
ORDER : 1. Petitioner No.1 is said to be the owner of the property which has been leased in favour of respondent No.3-complainant. Petitioner No.2 is the mother of petitioner No.1 in W.P.No.13594/2022. In W.P.No.5199/2022, petitioner No.1 is the same person as in W.P.No.13594/2022 and petitioner No.2 is her husband. 2. W.P.No.13594/2022 is filed with the following prayers:- "A. Issue a Writ in the nature of certiorari quashing the entire proceedings in Spl C No 02/2022 registered by the 1 st Respondent Hennur Police Station, Bangalore for offences punishable under section 3(1)(r), 3(1)(s) 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act 1989 and Sections 504 of IPC pending before the Hon'ble LXX Addl City Civil and Sessions Judge and Special Judge (CCH-71), Bangalore, vide Annexure-D as against the Petitioners B. Any other orders, directions or writ which this Hon'ble Court deems fit including the costs of this petition, in the interests of justice and equity." 3. In Spl.C.No.2/2022, the petitioners herein have been charged with the following offences:- 4. W.P.No.5199/2022 is filed with the following prayers:- "A. Issue a Writ in the nature of certiorari quashing the First Information Report in Crime No 0027/2022, dated 21.01.2022 registered by the 1 st Respondent Hennur Police Station, Bangalore for offences punishable under section 3(1)(s), 3(2)(v-a), 3(1)(w), 3(1)(c) (r) of the SC and ST (Prevention of Atrocities) Act 1989 and Sections 506, 509, 504, 323 and 354 r/w 34 of IPC pending before the Hon'ble Addl City Civil and Sessions Judge (CCH-71), Bangalore vide Annexure-B as against the Petitioners B. Any other orders, directions or writ which this Hon'ble Court deems fit including the costs of this petition, in the interests of justice and equity." 5. An FIR is registered against the petitioners herein in W.P.No.5199/2022 on the following allegations:- 6. Learned counsel for the petitioners submits that petitioner No.1 is the landlord and that the complainants are the tenants. As petitioner No.1 wanted respondent No.2/complainant to vacate the premises, respondent no.2 has given a false complaint invoking the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). It is submitted that it is nothing but an abuse of the process of law. 7. Learned counsel for respondent no.2 is absent. 8. It is submitted that it is nothing but an abuse of the process of law. 7. Learned counsel for respondent no.2 is absent. 8. Perusal of the police report in W.P.No.13594/2022 and the perusal of the complaint in W.P.No.5199/2022 reveals that the allegations made against the petitioners pertains only in respect of hurling abuses by taking the caste name of respondent no.2, and that the same has been done on a private property and it is not within public view. The documents also reveal primarily the dispute between the petitioners and respondent no.2 pertains to the vacating of the leased premises and the action of respondent no.2 is nothing but an abuse of the process of law by invoking the provisions of the Act, to harass the petitioners herein. 9. The learned High Court Government Pleader appearing for respondent No.1 though prays for dismissal of the petitions, is not in a position to dispute the aforementioned facts. Hence the following:- ORDER: i. The writ petitions are allowed. ii. The proceedings in Spl.C.No.02/2022 on the file of the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru insofar as it relate to the petitioners in W.P.No.13594/2022, are hereby quashed. iii. The proceedings pursuant to Crime No.27/2022 pending on the file of the Additional City Civil and Sessions Judge, Bangalore (CCH-71) insofar as it relate to the petitioners in W.P.No.5199/2022, stand quashed. iv. Pending interlocutory applications, if any, stand disposed of.