RAJKUNVAR RAJIV PERTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of Cr.P.C., the applicant Smt. Rajkunvar Rajiv Perti, has invoked the inherent jurisdiction of this Court with a prayer to quash the First Information Report being C.R.No.II-2 of 2018 registered with Chanod Police Station, Dist: Vadodara Rural, for the offences punishable under Ss. 504 and 506(2) of the Indian Penal Code and Sec. 3(2)(va) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) Facts and circumstances giving rise to file present application are that, the respondent-complainant is resident of Village: Nava Mandva, Taluka: Dabhoi, Dist: Vadodara. The applicant along with her family members also residing at the same village. The complainant belongs to Scheduled Tribe as by caste she is "Bhil". The incident alleged to have been occurred on 25/1/2018 at about 12:00 p.m. The applicant is residing with her family in an ancestral property at Village: Nava Mandva. On the ground floor of the bungalow, the other family persons namely Jyotindrasinh, Prataprai with whom the property dispute is going on and suit for annulment of the sale- deed, filed by the applicant herein is pending before the Civil Court. The respondent-complainant is housemaid employed by the Jyotindrasinh and others, for doing daily household work. It is alleged that, on the day of incident, when the complainant about to reach the ground floor of the bungalow, the applicant herein, thrown off the water upon the complainant from the first floor of the house. The complainant cautioned the applicant, that she should have taken care, while throwing the water. On hearing the complainant, the applicant herein annoyed from the words spoken by the complainant and abused her with the name of her caste and also threatened her that, she will restrain her to work as a maid servant and also said that, she will cause physical harm to her. It is further alleged that, at the time of incident, the persons namely Jyotindrasinh Harnathsinh, Prithvirajsinh Jyotindrasinh and Minakumari were present at the place. In such circumstances, the FIR came to be filed for the alleged act of criminal intimidation, intentionally insult with intend to provoke breach of the peace and act of intentional insult with intend to humiliate complainant, hurling abuses to her caste.

(3.) This Court has heard Mr. Indravadan Parmar, learned counsel for and on behalf of the applicant, Mr. Pathik Acharya, learned counsel for the original complainant and Ms. Vrunda Shah, learned Additional Public Prosecutor for the respondent-State.