NENCY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent powers of this Court under Sec. 482 of Cr.P.C. the applicant original accused No.4 - Nency Manojbhai Patel has preferred this application whereby she is seeking quashment of Special Atrocity Case No.19 of 2020, arises out of the FIR being CR. No.I- 11210004200567 of 2020, registered with Amroli Police Station, District: Surat for the offence punishable under Ss. 323, 504, 114 of the IPC and Sec. 3(2)(va) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act) 1989.

(2.) This Court has heard learned counsel Mr. Premal Nanavati with learned counsel Ms. Avni Patel appearing for the applicant, learned counsel Mr. Mrudul Barot appearing for and on behalf of the second respondent - original complainant and Mr. Jay Mehta learned State counsel.

(3.) Brief facts leading to file the present application are that, the incident took place on 25/3/2020 at city Surat. The house of the second respondent and the applicant located in the one in the same society and they were neighbours. On the day of incident, at about 10.30 p.m., the dogs were barking in the society and on hearing the same, the husband of the second respondent Mr. Kiranbhai took a stick to drive them away, and at that point of time, the mother of the applicant co-accused, Ms. Sharmistha, started recording of the incident in her mobile and further she said that she will put the video recording on Facebook. On hearing the said conversation, the witness Kiranbhai in his defence is said that to protect the child, he is trying to drive away the dogs. Meanwhile, the brother of the applicant co-accused Bhargav came with helmet in his hand and hurled abusive on the husband of the second respondent. When he resisted, the accused Bhargav with the helmet had caused injuries to him and also given a feast and kick blows to the complainant when she came to rescue her husband. The accused Bhargav again took in his hand the bricks nearby the place and gave a blow on the witness Kiranbhai and in this fighting, the accused Bhargav torn the T-shirt of the complainant which she had worn at the time of incident. So far as the accused Manojbhai, the mother Sharmishtaben and the applicant are concerned, it is alleged that on seeing the incident they came and threatened the complainant and his family, saying that "you people are belongs to Dalit Society and we will expel you from the society here". It is further alleged that the society members came there and rescued them.