DAYAL MOOLCHANDANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been preferred by the accused petitioner Dayal Mulchandani with a prayer to quash FIR No. 413/2017, registered at the Police Station Ratanada, Jodhpur for the offences punishable under Ss. 323, 509 and 354 IPC.

(2.) The FIR in question came to be lodged by the respondent No. 2 complainant Smt. Meena Soni with an allegation that she owns the Plot No. 276 situated at Block 3 and 4, Shiv Road, Keshar Bagh, Ratanada, Jodhpur on which, she and her husband Ghanshyam Soni carry on a business in the name and style of BST Brass and Silver. The house of Arun Kumar Soni is situated next to her house. Adjacent to the house of Arun Kumar Soni, there is an empty plot of Sunil Soni who is the cousin brother of the complainant. Adjacent to this empty plot of Sunil Soni, the petitioner Dayal Moolchandani owns a shop and a house in the name of Chandra Crockery. The complainant claims that she was taking care of Sunil Soni's plot for a long period of time. The accused petitioner Dayal Moolchandani was trying to encroach upon the said plot. Her neighbour Arun Kumar Soni was constructing a house on his plot and his raw material was lying in the plot of Sunil Soni. On 21/11/2017 at about 7.00 pm, the complainant, alongwith her husband Ghanshyam Soni proceeded towards their house at which point of time, they saw the petitioner Dayal Moolchandani and his employee Naveen Mishra raising a ruckus outside the plot of Sunil Soni. They were vociferating loudly as to how the raw material had been placed in the said plot and demanded for its removal. The complainant and her husband went there and tried to stop Dayal Moolchandani and Naveen Mishra and requested them not to hurl abuses which further angered them and they started beating the complainant's husband. She tried to intervene on which, she was also slapped and punched. In the ongoing scuffle, the petitioner caught hold of her blouse, which got torn. On the basis of this report, an FIR for the above offences came to be registered at the Police Station Ratanada, Jodhpur and the investigation is being carried out.

(3.) By order dtd. 19/9/2018, this Court had restrained filing of the charge-sheet in the matter and the said interim order is continuing till date.