Point of Law: case against the applicants in both these matters do not fall within the category of being an exceptional case where the inherent powers under Section 482 of Cr.P.C. could be exercised in favour of the applicants.

JUDGMENT :

1. RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. With the consent of both the sides, the matters are heard today finally.

2. All the three petitions arise out of the same incident and involve identical questions on law and facts. Hence, they are disposed of by this common judgment.

3. CRIMINAL MISC. APPLICATION No.21211 OF 2018 and CRIMINAL MISC. APPLICATION No.21214 OF 2018 : Both these petitions have been filed under Section 482 of the Code of Criminal Procedure (for short, “the Cr.P.C.”) seeking quashment of the First Information Report being C.R. No. I – 57 of 2018 registered with Danta Police Station for the offences punishable under Sections 324, 337, 323, 143, 147, 148, 149, 452, 294B, 506(2) of IPC and Sections 3(1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “the Atrocities Act”) and the proceedings initiated pursuant thereto.

CRIMINAL MISC. APPLICATION No.3525 OF 2019 : By way of this application filed under Section 482 of Cr.P.C., the petitioners have prayed to quash and set aside the First Information Report being C.R. No. I – 56 of 2018 registered with Danta Police Station for the offences punishable under Sections 395, 397, 452, 354(B), 294(B) and 506(2) of IPC.

4. For the purpose of narration of facts, Criminal Misc. Application No.21211 of 2018 is taken as the lead matter:-

On 28.10.2018, at around 2100 hrs., respondent No.3, Kirankumar Rajendrabhai Bhil, the original complainant, was wandering near his house. He noticed his father, Rajendrakumar Natubhai Majirana, going to a nearby shop, after having his dinner. While his father was on his way, Hiteshkumar @ Bakaji Babuji Thakore (original accused No.1), his wife – Shobhaben Hiteshkumar @ Bakaji Babuji Thakore (original accused No.2) and the applicant herein (original accused No.3), who all were standing in the front area of the house of original accused No.1, asked his father – Rajendrakumar Natubhai Majirana to stop and reprimanded him that as he has stood as a witness in the complaint filed by one Prahladbhai Maganbhai Parmar under the Atrocities Act, he should not use the road passing in front of their house for commuting. The accused also hurled abuses at his father. When his father asked the accused not to hurl abuses at him, they got enraged. At that time, original accused Nos.6 & 7, who happened to be the children of original accused Nos.1 & 2 and were also present at the place at the relevant time, pushed down Rajendrakumar Natubhai Majirana and thereafter, began to abuse him physically. On hearing the shouts of his father, the complainant and his brother – Amitkumar Rajendrakumar Majirana rushed to the place of incident in order to rescue him. At that time, the original accused No.1 inflicted an iron-pipe blow on the head of his father, who began to bleed profusely. The complainant and his brother took their injured father to home. A few moments later, all the accused persons, who were armed with weapons like sword, axe, stones, etc. and the applicant herein reached the house of the complainant. They forced open the door of the house and vandalized it. Thereafter, the accused assaulted the complainant and other members who were present in the house. The accused also hurled abuses at the caste of the complainant and other injured witnesses and threatened them of dire consequences. On intervention of other witnesses, the accused left the house. Thereafter, the injured was taken to Danta Civil Hospital. A complaint in connection with the above incident was registered with Danta Police Station vide C.R. No. I – 57 of 2018 for offences punishable under Sections 324, 337, 323, 143, 147, 148, 149, 452, 294B, 506(2) of IPC and Sections 3(1)(r) and 3(2)(va) of the Atrocities Act.

5. Criminal Misc. Application No.21211 of 2018 has been preferred by original accused No.3;

whereas Criminal Misc. Application No.21214 of 2018 has been preferred b