HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.1034 OF 2009 DATE: 10-12-2010 BETWEEN: Kairamkonda Prakash and two others. - - - Petitioners/ A-1 to A-3. AND The State of A.P., Rep. by Public prosecutor, High Court of A.P., Hyderabad and another. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.1034 OF 2009 ORDER: This Criminal Petition is filed by the petitioners under Section 482 Cr.P.C., seeking to quash the proceedings in Crime No.144 of 2008 of Yellareddy P.S., Nizamabad District. Heard Sri Nandigam Krishna Rao, learned counsel appearing for the petitioners and Sri P. Bhaskar, learned counsel for the second Respondent and the learned Additional Public Prosecutor appearing for the first Respondent-State. The brief facts are that the second respondent herein is the second wife of one Pandari Chandraiah, who retired as Tahsildar of Nagireddipet Tahsil, Nizamabad District. She belongs to ‘Mala’ community, which is a scheduled caste, whereas, P. Chandraiah belongs to ‘Padmasalee’ which is a non Scheduled Caste and non Scheduled Tribe community. Even according to the second respondent, P. Chandraiah married her during the subsistence of his first marriage with Smt. Uma Bai. Subsequent to her marriage with P. Chandraiah, the second respondent begot four children, whereas, Smt. Uma Bai, has one daughter through P. Chandraiah. Admittedly, some property disputes between the parties have been pending before the Civil Courts. According to the petitioners, P. Chandraiah, has sold his property to the second petitioner and even after receiving part of the sale consideration, he did not execute registered sale deed in favour of the second petitioner, which lead to filing of a specific performance suit i.e., O.S. No.111 of 2008, which is pending on the file of Senior Civil Judge’s Court, Nizamabad. The second respondent along with her children filed a partition suit i.e., O.S. No.91 of 2008 against her husband P. Chandraiah, which is pending on the file of Senior Civil Judge’s Court, Nizamabad. Smt. Uma Bai, first wife of P. Chandraiah, filed O.S. No.266 of 2008 for maintenance, which is pending. Thus, as on the date of alleged incident, several civil disputes are pending between the parties. First petitioner is the son-in-law of Smt. Uma Bai, first wife of P. Chandraiah and petitioner Nos.2 and 3 are said to be the friends’ of first petitioner. Admittedly, on the same facts, the second respondent lodged a report with the Superintendent of Police, Nizamabad, and complained to Human Rights Commission. The Superintendent of Police, Nizamabad, submitted a report dated 25-11-2008 to the Secretary, A.P. State Human Rights Commission, Hyderabad, stating that the inquiry revealed that there was no such incident as mentioned in the complaint petition and due to property disputes between the parties and with a view to solve them by taking advantage of the caste, second respondent filed the said complaint. Heard the learned counsel appearing for the second respondent Sri P. Bhaskar. He submits that the State Human Rights Commission closed the case on the ground that it has no jurisdiction to entertain the application and as such the report of the Superintendent of Police, Nizamabad, need not be taken into consideration. Even though the Human Rights Commission, closed the matter on point of jurisdiction, the fact remains that pursuant to the direction issued by Human Rights Commission, the Superintendent of Police, Nizamabad, submitted a detailed report stating that no such incident has taken place and it is created by the second respondent only with an ulterior motive for settlement of the property disputes. The manner in which the second respondent filed several complaints on the very same allegations, during the pendency of property disputes between the parties and the nature of allegations leveled in the complaint ex-facie showing that there is no offence made out against the petitioners, this Court is of the considered view that filing complaints of this nature is nothing but misusing of provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Since the allegations appear to be ex-facie foisted and were made with a view to settle the civil disputes, this Court considers it necessary to quash the proceedings in Crime No.144 of 2008 of Yellareddy P.S., Nizamabad District, to avoid undue hardship and inconvenience to the petitioners in facing criminal charges. For the foregoing reasons, the entire proceedings in Crime No.144 of 2008 of Yellareddy P.S., Nizamabad District, are hereby quashed and accordingly, the Criminal Petition is allowed. ________________ R. KANTHA RAO, J Dated: 10-12-2010 Dsh.