SHANKAR NAMDEO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the Counsels, heard finally.

(2.) This application, under Section 482 of the Code of Criminal Procedure, 1973 (the Code), is preferred to quash and set aside the FIR bearing No. 101/2020 dated 22.02.2020 registered with the Mahatma Phule Chowk Police Station for the offences punishable under Sections 504, 506(2) r/w Section 34 of the Indian Penal Code, 1860 (Penal Code) and Sections 3(1)(r) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act), at the instance of the respondent No.2-frst informant. The background facts leading to this application can be stated in brief as under:

(3.) The applicant has invoked the inherent jurisdiction of this Court to quash and set aside the subject FIR and the consequent proceedings on the ground that in the wake of dispute over the premises which was let out to the frst informant, the accused had lodged a private complaint bearing No. 485 of 2012 against the frst informant for the offences punishable under Sections 463, 464, 468, 471 r/w 34 of the Penal Code. The frst informant with a view to give counterblast to the said complaint started lodging false and frivolous FIRs against the accused by taking undue advantage of the fact that, the frst informant is a member of scheduled caste. The allegations in the instant FIR, even if taken at par, do not make out offences for which the accused had been arraigned. The allegations are patently false and malafde. In fact, the frst informant was not present in Court, on the alleged date of occurrence as is evident from the copy of roznama in Special Civil Suit No. 381/2012 dated 18.02.2020. In any event, the allegations in the FIR do not disclose that the accused had abused the frst informant with reference to his caste. The invocation of the provisions contained in SC and ST Act have been actuated by malice. The applicant asserts that continuation of the proceedings arising out of FIR 101/2020, thus, constitutes a gross abuse of the process of the Court and, therefore, the FIR and consequent proceedings deserve to be quashed and set aside.