JUDGMENT :

1. The complainant, in both the impugned FIRs, is the same. Hence, both the applications are taken up together for hearing and are disposed of by the common order.

2. Both the applications are filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for quashing the FIRs. Criminal Misc. Application no.5638 of 2018 is filed for quashing the FIR bearing CR no.I- 185/2017 under Sections 395, 323, 504, 506(2), 427 of the IPC as well as Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘Atrocity Act’) and Criminal Misc. Application no.19366 of 2018 is filed for quashing the FIR bearing CR no.I-195/2017 under Section 507 of the IPC as well as Sections 3(1)(r) and 3(2)(va) of the Atrocity Act. Both the FIRs are registered at Mehsana Taluka Police Station, District Mehsana.

3. Advocate Mr. Yogendra Thakore for the applicant in Criminal Misc. Application no.5638 of 2018 has submitted that the FIR lodged against the applicant is absolutely illegal, frivolous, vexatious and bogus and is filed with a view to abuse the criminal machinery against the applicant, where the applicant is agriculturist and the respondent no.2-complainant is the Sarpanch of Village Heduva Hanumant, both are residing in the same society.

3.1 Mr. Thakore submitted that a false complaint has been given on 11.9.2017 alleging that the applicant had quarrelled with the complainant with regard to renovation of the house of the applicant which is at plot no.7 and further alleging that the applicant has looted an amount of Rs.3,500/- and gold chain worth Rs.60,000/- and that the applicant had abused the complainant by his caste as well as had beaten him.

3.2 Mr. Thakore submitted that the complainant, now deceased, was in a habit of lodging complaints under the Atrocity Act against various persons with an ulterior motive, probably to recover the compensation amount from the State and to harass the persons named in the FIR. Mr. Thakore submitted that CR no.I-268/2015 came to be quashed in Special Criminal Application no.64 of 2016 on 3.9.2021, where he submits that along with the said Special Criminal Application, the application of other co-accused i.e. Criminal Misc. Application no.22354 of 2015 and Criminal Misc. Application no.2574 of 2017 were heard together. He further submitted that CR no.II-1/2011 was quashed by way of consent vide order dated 24.10.2013 passed in Criminal Misc. Application (for quashing and setting aside the FIR) no.15049 of 2013. In CR no.II-249/2015, the accused were acquitted on 29.8.2017 by the Special Judge (Atrocity), Mehsana in Special Atrocity Case no.37 of 2015 and the other matter bearing CR no.I- 195/2017 is also filed by the same complainant. Further, adding to the submissions, he stated that the present complainant himself was acquitted in an offence under Sections 406 and 408 of the IPC being FIR bearing CR no.I-4/2011.

3.3 Mr. Thakore submitted that contents of the FIR do not suggest any case to be drawn under the Atrocity Act, by placing reliance on the judgment of Swaran Singh & Ors. Vs. State, Through Standing Counsel & Ors., reported in (2008) 8 SCC 435. Further stated that no case could be made out of any offence of dacoity to invoke Section 395 of the IPC in the present matter, to support the submission, Advocate Mr. Thakore relied on the judgment of this Court in the case of Dharmendrabhai Nandubhai Patel Vs. State of Gujarat, reported in 2012 (1) GLR 237.

4. Advocate Mr. Karia submits that the impugned FIR bearing CR no.I-195/2017 could not even be registered since no offence has taken place in a public view or any public place. Mr. Karia submits that the allegation is that the applicant had abused him through phone and since the alleged offence is not in a public view or public place, Mr. Karia submits that the Atrocity Act would not be applicable in the matter.

5. The FIR bearing CR no.I-185/2017 filed on 11.9.2017 was wit