Genesis of Dispute is Civil Dispute Relating to Sale of Property – Delhi High Court Grants Bail in Alleged Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Case

In a significant ruling, the Delhi High Court has granted bail to Priyanka Arora and Kapil Dev Arora in the case involving alleged offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 506/509/34 of the Indian Penal Code (IPC).

The court scrutinized the invocation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in a dispute primarily arising out of a property sale agreement.

The appellants were accused of harassing and threatening the complainant, Ms. ‘C’, including an attempt to hit her with a car. An earlier complaint by Ms. ‘C’ had led to the registration of FIR No. 460/2022 under various sections of the IPC and the SC/ST Act. The current case was registered following an incident on October 25, 2023, and subsequent registration of FIR No. 489/2023.

Justice Anoop Kumar Mendiratta noted the primary issue stemmed from a civil dispute over property sale. The court observed that the allegations in the FIR had inconsistencies and the CCTV footage did not conclusively support the prosecution’s claims. The judge remarked, “Appellants could not have contemplated that the complainant would also be passing the street while approaching from opposite direction.” The reliance on the CCTV footage was deemed insufficient to deny bail.

The judgment underscored the misuse of stringent laws like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in civil disputes. It highlighted the importance of analyzing the genesis of a dispute before invoking such special laws.

The High Court set aside the order of the learned ASJ that declined bail to the appellants. It granted them bail, subject to certain conditions, emphasizing that the appellants are not required for custodial investigation and noting the civil nature of the genesis of the dispute.

Date of Decision: 12^th February 2024

PRIYANKA ARORA VS STATE GOVT. OF NCT OF DELHI