IMPORTANT POINT
The court established that FIRs can be quashed when they are found to be filed with mala fide intentions and do not disclose a prima facie case against the accused, particularly in the context of personal disputes.

JUDGMENT/ORDER

VINAY JOSHI, J. - Heard the learned counsel appearing for the parties finally by consent.

2. Admit.

3. The applicants who are accused in Crime No. 202/2020 registered with Police Station Kotwali, Dist. Nagpur City for the offence punishable under Ss. 354, 427, 323 read with Sec. 34 of the Indian Penal Code and Sec. 12 of the Protection of Children from Sexual Offences Act, ( 'POCSO Act') urged for exercise of inherent powers of this Court to quash the concerned crime along with Special Case No. 609/2020 pending on the file of Additional Sessions Judge, Nagpur.

4. The facts leading to the prosecution can be stated in brief. The first informant a girl aged 17 years has lodged report. The informant's grand mother namely Rekha was residing near Bante House, Dasra Road, Mangpura, Nagpur. The informant was also residing at nearby place. On 13/8/2020 around 09.30 p.m., informant heard commotion from the side of the house of her grand mother Rekha. The informant rushed to the place to see the matter. At the relevant time, grandmother Rekha and informant's aunt were at their house to whom members of Jugele family (accused) were asking to vacate the premises. The informant started filming the occurrence by her mobile handset. At that time, co-accused Sunil obstructed the filming by pulling her T-shirt. He had also partially pulled the inner garments and touched to her chest in appropriate manner and thus, outraged modesty of first informant.

In the said incident, applicant No.1 Poonam pulled informant's hairs whilst applicant No.3 Naresh snatched mobile from Rekha and broke it by throwing on the ground.

5. Though initially application was filed by total three accused, however, application as regard applicant No.2 Sunil is withdrawn, hence he is deleted. In substance, this application remains to the extent of applicant No.1 Poonam and applicant No.3 Naresh. The learned counsel appearing for the applicants would submit that the filing of First Information Report ( 'FIR') is nothing, but an abuse of the process of law to pressurize them on account of land dispute. The prosecution is manifestly attended with mala fide that too with ulterior motive. It is submitted that the allegations levelled against the applicants are false and frivolous. There was a land dispute in between the parties. The informant's grandmother had grabbed the piece of land owned by the applicants, and thus, to pressurize, false report has been lodged. The said statement is countered by the learned APP as well as appointed counsel for the informant/non-applicant No.2. It is submitted that the informant as well as eye-witnesses have specifically defined the role of both applicants. The statement of eye-witnesses are consistent and thus, prima facie case is made out against both applicants.

6. The learned counsel appearing for the applicants has stressed on the point that, the law is set into motion by using as a weapon of harassment or pressurization. To substantiate said contention, applicants have produced several complaints filed by the applicant No. 3 Naresh with the Police prior to the lodgment of FIR. In the light of submissions put-forth, it necssiates to go through the documents. The applicants have produced a copy of application dtd. 8/8/2020 filed by applicant Naresh to the concerned Police expressing his fear that Rekha and her family members had quarreled, threatened to involve in false case. Applicant Naresh has stated in the application that Rekha and her family members were his tenants. Deceased husband of Rekha was trying to raise construction over tenanted land. Applicant Naresh has specifically stated that Rekha and Nanda had threatened that they would get torn their clothes and would involve the applicants in false case. These contents of the application filed anterior to the FIR assumes significance. Moreover, the copy of N.C. report dtd. 8/8/2020 lodged by Naresh against Rekha and her family members has been tendered.

7. Applicant Naresh has