ARJUN SINGH KEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed by the petitioner seeking quashment of the FIR in Crime No. 174/19 registered at police station Rehti, District Sehore for the offence punishable under Sections 354, 506, 294 of IPC as well as Section 3(2)(Va) and 3(1)(w)(i) of the Prevention of Atrocities Act, 1989.

(2.) According to case, on the basis of information given by complainant/respondent No. 2, the police has registered the case under the aforesaid offences. It is mentioned in the FIR that on 29.04.2019, in the evening at about 5:00 PM, the complainant went to her farm where the petitioner was already sitting. Due to dispute of land, petitioner started abusing her and used force with intent to outrage her modesty. On shouting, he threatened her for dire consequences. He has also passed remark on her caste with intent to insult her. She disclosed the incident to her husband. In the night, the petitioner again came to her house and threatened them not to register the FIR. She lodged the FIR on 3.05.2019 when her sons came to house.

(3.) The learned counsel for the petitioner submits that the petitioner himself is a member of ST community as per the notification of Government issued in this regard. Hence, the provisions of SC/ST Act do not apply to the petitioner. The investigation officer has also not mentioned the caste of the petitioner in the FIR. He did not take pains to enquire about the caste of the petitioner. In the FIR, there is no ingredient for the offence of Section 294 IPC. He further submits that even if all the allegations made in the FIR, are taken to be true, no offence is made out under section 354 IPC. The petitioner had no intention to outrage the modesty of the complainant. The petitioner is aged about 33 years whereas the complainant is of 45 years, hence, the story of prosecution does not seem to be natural. The FIR has been lodged by the complainant with malafide intention. He further submits that, the petitioner has also filed the complaints dated 30.04.2019 and 01.05.2019 against the complainant and her family members for damage and abusement and the FIR was also registered by the police vide Crime No. 176/2019 for the offence under Sections 188, 427 and 34 IPC. He submits that due to aforesaid reason, the complainant has falsely implicated the petitioner. He prays to allow this petition.