The main legal point established in the judgment is the need to prevent the abuse of the process of law and secure the ends of justice, especially in cases where criminal proceedings are maliciously instituted with an ulterior motive.

JUDGMENT :

Abhay S. Waghwase, J.

All Applicant Nos.1 to 3 herein, by way of instant proceeding, are seeking quashment and nullification of FIR and criminal proceedings arising out of the FIR, which has been lodged at the instance of Balkrushna Tukaram Thorat (respondent No.2 herein). They are seeking exercise of inherent powers under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’).

2. Brief background of the case :

Present respondent No.2 lodged FIR informing that, applicants herein abused him and his son on caste basis and also threatened to kill him. According to informant, there was civil dispute between applicants and son of informant. In the said backdrop, initially on 24-07-2019, while respondent No.2 was at his work place, at around 08:30 a.m., applicant accused Nos.1 and 2 arrived there and threatened to withdraw the civil proceeding. Applicant accused No.3 also joined them. In the above backdrop, they abused him on caste basis and also beat him. According to the informant, he and accused being residents of same village, he ignored the occurrence and did not report to the Police. However, on 26-07-2019, accused persons again approached him, threatened him and humiliated him on caste basis. Hence, the FIR.

On the strength of above FIR, Neknur Police Station, District Beed, undertook investigation and after it’s completion, filed charge-sheet.

Submissions

3. Learned Advocate for the applicants would strenuously submit that FIR is patently with false allegations. It was motivated only because of dispute of land between son of informant and present applicants. He pointed out that according to informant, there was some incident of abuse on 24-07-2019 but there was no prompt reporting. Rather merely to harass applicants, after due deliberation, later-on on 27-07-2019, false and concocted story is cooked up showing that there was threat and caste abuse even on 26-07-2019.

4. It is pointed out that though investigating machinery carried out investigation and recorded statements of various witnesses, they are all unequivocal about no any incident taking place regarding caste abuse or threat either on 24-07-2019 or on 26-07-201 and moreover, FIR is lodged with revengeful attitude.

5. It is next submitted that son of informant - Ravindra had carried out agreement of sale but it was not concluded only at the instance of Ravindra and thereafter, present applicant Nos.1 and 2 purchased the said property. Later on, son of informant - Ravindra also initiated civil proceeding in the Civil Court and the same is pending. It is strenuously submitted that instant FIR is basically in the backdrop of civil dispute and therefore, it’s sustainability or continuation of such proceeding amounts to abuse of process of law.

It is further submitted that after thorough investigation, Police machinery was about to file B-summary report. Later on, got up witnesses were produced by the informant, who gave false statements about occurrence of threat and caste abuse to be real one. Such witnesses are interested witnesses and acquainted with informant. It is pointed out that only because of it, police machinery could not close the case and charge-sheet has been filed only on the strength of such statements, which are apparently with ulterior motive at the instance of informant.

In the above backdrop, learned Advocate for the applicants would point out that instant FIR and the criminal proceedings arising out of the same, being sheer abuse of process of law, relief as prayed is sought for. Learned Advocate places reliance on Hitesh Verma Vs. State of Uttarakhand and Another [(2020) 10 SCC 710].

6. While opposing the relief, learned APP would submit that informant who was a government servant, was threatened and abused on caste basis and therefore, on his FIR, investigation was carried out. It is pointed out that there is ample material regarding above occurrence i.e. in the form of statements of eye witnesses. There being sufficient material to go