Don't Hesitate To Quash False Cases: Kerala HC Cautions Agencies, Courts Against Misuse Of SC/ST Act By Litigants With 'Evil Thoughts

Post By 24law
February 18, 2025

Pranav B Prem

The Kerala High Court has reiterated that courts and investigating agencies must be vigilant against the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA) Act), cautioning that false cases should be quashed without hesitation. Justice A. Badharudeen, while delivering the judgment in Crl.M.C No. 139 of 2023, emphasized that allegations under the SC/ST Act should not be used as a tool to settle personal scores or pressurize individuals.

False Allegations Indicate Malafide Intent

The Court observed that when complaints to the police do not yield the desired results or when litigations fail, the subsequent invocation of the SC/ST (POA) Act raises a strong indication of falsehood.

The Court stated: “When not accomplishing the aim by lodging complaints in relation to some claims before the police or on getting negative results in litigation or when other pending litigations in between the parties, before raising the allegations as to commission of offence/offences under the SC/ST (POA) Act by one among the parties in rivalry, the same is a strong reason to see the falsity of the allegations. Once the facts of the case with its yesteryear events postulate false implication, a court exercising power under Section 482 of the Code of Criminal Procedure and Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 shall not hesitate to do the same.” The Court further emphasized that investigating officers must exercise due diligence and apply their minds before registering cases under the SC/ST (POA) Act to prevent innocent persons from being falsely implicated in serious offences.

Case Background

The case arose from allegations against the petitioner, who does not belong to a Scheduled Caste or Scheduled Tribe community, for allegedly abusing and intimidating the de facto complainant, a member of the Scheduled Caste, by calling her caste name in public view. Another woman who accompanied the petitioner was also initially named as the second accused. The alleged incident took place in December 2013, but the crime was only registered in February 2015, after a delay of over a year. Following an investigation, the police submitted a final report concluding that the allegations were false and sought case closure. However, based on a complaint filed by the de facto complainant to the Director General of Police, the case was ordered for further investigation. Subsequently, a final report was filed, arraying the petitioner as the sole accused, leading the petitioner to approach the High Court seeking quashment of proceedings.

Court's Observations and Findings

The petitioner contended that the final report was filed without proper investigation and that the entire process occurred in her absence as she had moved abroad for employment. It was further argued that the case was falsely lodged after the complainant failed to recover money allegedly owed by the petitioner. The complainant, on the other hand, insisted that prima facie offences were made out, warranting a full trial. Upon scrutinizing the records, the Court found that the allegations were raised by the de facto complainant only after she was unable to retrieve her money through other means. The Court noted that litigants with "evil or wicked thoughts" sometimes misuse the SC/ST (POA) Act to intimidate innocent individuals and exert undue pressure.

The Court observed: “At the time, misuse of the provisions of SC/ST (POA) Act by litigants having evil or wicked thoughts or being spiteful is the menace now one could notice from various angles. To wit, false implication of a poor person within the sphere of SC/ST (POA) Act offence with the intention to pressurize them with the threat of arrest, detention, and also harsh punishment to settle a score or to compel them to heed for the illegal and illogical demands of the complainant is a tragic aftermath. Therefore, the misuse of the provisions of SC/ST (POA) Act also to be taken note of.”

The Court highlighted that the first final report filed by the police, which declared the case false, was substantiated by evidence. The subsequent final report did not bring forth any fresh evidence to justify prosecuting the petitioner. Noting that the complainant had filed the case as a means to recover money rather than as a genuine case of caste-based abuse, the Court held that the continuation of proceedings would amount to a miscarriage of justice and hence the Court quashed all the proceedings against the petitioner.