The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.

JUDGMENT :

G.A. Sanap, J.

1. In this application filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) the applicant has prayed that the First Information Report bearing No. 109/2021 dated 15th March, 2021 registered against him with the Morshi Police Station, Morshi on the report of the non-applicant No. 2 for the offences punishable under Section 506 of the Indian Penal Code and under Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. & S.T. Act”) be quashed and set aside. The facts leading to this application are as follows:

On the oral report of the non-applicant No. 2 lodged on 15th March, 2021 the crime as stated above has been registered against the applicant. The non-applicant No. 2 alleged in the report that the applicant has let out one shop situated at Shri Chakradhar Complex, Morshi to her at monthly rent of Rs. 500/-. She has paid Rs. 2,50,000/- as security deposit in the presence of one Hemant Lakde. The transaction was oral. It is alleged that on 8th March, 2021 at about 3.45 p.m. when she was proceeding to her village Dhanora after closing her shop by auto-rickshaw at that time near Jaistambh Chowk, Morshi applicant came there in his red colour car and stopped auto-rickshaw. The applicant asked the auto-rickshaw driver to get down from the same as he wanted to talk with the non-applicant No. 2. The driver got out from the auto-rickshaw. It is further case of the non-applicant No. 2 that, thereafter the applicant requested her to give statement against Hemant Lakde in their dispute. The non-applicant No. 2 refused to do the same. It is stated that, therefore, the applicant abused the non-applicant No. 2, that Tula Pai Nahi Mi Tuze Hath wa Jibh Pan Kapun takin, Tu Godin Ahe Godinach Rahashil ^^rqyk ik; ukgh eh rq>s gkFk ok ftHk iu dkiwu Vkdhu] rq xksMhu vkgs xksMhup jkg'khyA**

The non-applicant No. 2 got frightened and, therefore, she called the driver of the auto-rickshaw. The applicant left the said place and non-applicant No. 2 went to her village. It is stated that the non-applicant No. 2 had confusion in respect of name of the accused and after confirming his name she lodged the report with the Police on 15th March, 2021. On the basis of this report the First Information Report was registered and the crime has been investigated.

2. In this application it is the case of the applicant that the report lodged against him is false and frivolous. It cannot stand the scrutiny of law inasmuch as no offence could be said to be made out, if the allegations made in the F.I.R. are taken at their face value. It is stated that there is a dispute between the applicant and Hemant Lakde. The applicant has been doing service at Pune. Late father of the applicant had purchased field Survey No. 1/2, admeasuring 81 R at mouza Rasalpur (Yerla), Taluka-Morshi, District Amravati. In the year 2004, the sanction was obtained for construction of 32 shops from the competent authority. The construction of 16 shops was completed on the lower ground-floor and 16 shops were to be constructed on the upper floor. The construction of the lower ground floor was completed in the year 2009. Out of 16 shops of lower ground floor Shop No. 16 was sold to one Murad Ali Mohd. Ali on 11th October, 2010. Thereafter the applicant got a job at Pune and got married in the year 2012. The mother of the applicant started residing with him at Pune. The sister of the applicant is residing at Nagpur. She married with one Nilesh Deshmukh, resident of Ramdaspeth, Nagpur. The sister would frequently go to Amravati to look after the property.

3. It is stated that in the passage of time it became difficult for them to look after the property and, therefore, the applicant appointed Hemant Lakde as caretaker-cum-watchman of the said commercial complex. The applicant had transferred Rs. 1,50,200/- through bank transaction to Hemant Lakde between 8th February, 2019 to 13