PRAKASH Vs. POLICE STATION OFFICER

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1983 ( Cr.P.C .) for quashing of First Information Report (FIR) No. 121/2013 registered against the applicant at Police Station Pathrot, Tah. Achalpur, Dist. Amravati for the offence punishable under Sections 354 , 506 and 509 of the Indian Penal Code (IPC) along with Section 3(i) (ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short "the Act of 1989").

(2.) The applicant had challenged the registration of the FIR mainly on the ground that the registration of the FIR is abuse of process of law, inasmuch as the same has been filed to abuse process of law by the non-applicant no.2, as the applicant had filed the complaint against the husband of non-applicant no.2. It is also stated that from the averments made in the FIR, it is clear that incident occurred when no person was seen on the street and therefore, the place where the incident occurred cannot be said to the scene of public place as per Section 3 of the Act of 1989. It is stated that taking overall view of the matter, the filing of the FIR amounts to abuse of process of law.

(3.) The application has been opposed by the non-applicant no.1 by fling reply. The non-applicant no.1, by way of reply has opposed the application on the ground that the applicant hurled abuses towards non- applicant no.2 and touched her 'Sari'. It is alleged that the applicant called upon non-applicant no.2 to satisfy the desire and touched her 'Sari' and said that 'Sari' is beautiful. It is submitted that the contents of the FIR clearly discloses offence alleged against the applicant.