JUDGMENT :

1. Rule. The present application is filed for seeking following reliefs:

“(A) YOUR LORDSHIPS be pleased to call for the record and proceedings of FIR no. 11208045210650 registered with Malaviyanagar Police Station, Rajkotand after perusing the same, be pleased to quash and set aside the impugned FIR and all proceedings arising therefrom, in the interest of justice and equity;

(B) YOUR LORDSHIPS be pleased to stay further proceedings arising out of FIR no. 11208045210650 registered with Malaviyanagar Police Station, Rajkot and all proceedings arising therefrom, pending admission, hearing and final disposal of this petition;

(C) YOUR LORDSHIPS be pleased to grant such other and further relief(s) as may be deemed fit in the interest of justice.”

2.1 Brief facts as per the case of the applicant in this application are as such that the respondent no.2 is a tenant of the applicant. The respondent no.2 has executed a rent agreement with the applicant on 19.06.2020, wherein the respondent no.2 has agreed to pay an amount of Rs.2,00,000/- per month towards rent. As per the said rent agreement, in the event, there is any default in making payment of rent for consecutive two months, the applicant will be at liberty to initiate appropriate steps of eviction. It is further the case of the applicant in this application that the respondent no.2 paid no amount to the applicant towards rent for consecutive 3 months and therefore, the applicant was constrained to issue a legal demand notice to the respondent no.2 demanding arrears of rent and the applicant also invoked relevant clause i.e. Clause no.12 of the rent agreement for taking over possession. The said notice was sent by way of RPAD. It is further the case of the applicant in this application that it appears that the said notice was not received by the respondent no.2 and therefore, the applicant once again was constrained to issue a fresh notice dated 18.09.2020 by way of RPAD.

2.2 It is further the case of the applicant in this application that the respondent no.2 who was to pay the arrears of rent gave various kinds of threats to the applicant for the purpose of forgoing the amount. The respondent no.2 also threatened the applicant that in the event the applicant demands the amount from her, she would file/plant a case against the applicant by invoking the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The applicant, therefore, was constrained to file a detailed complaint against the respondent no.2 with the Commissioner of Police, Rajkot, wherein the applicant requested the Commissioner to take appropriate action against the respondent no.2 who has not only cheated the applicant, but is also threatening the applicant for implicating the applicant in a false case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is further the case of the applicant in this application that the respondent no.2 thereafter has filed the FIR in question against the applicant by projecting an incorrect picture and by concocting story with a view to arm-twist applicant who has filed a complaint against her much prior in point of time. Hence, this application is preferred.

3. Heard learned advocate Mr. Pratik Jasani for the applicant, Mr. Pathik Acharya, learned advocate for the respondent No.2 - complainant and Mr. Soaham Joshi, learned APP for the respondent No.1 – State.

4.1 At the outset, Mr. Pratik Jasani for the applicant has drawn my attention towards the order dated 15.3.2021. He has submitted that the present appellant has withdrawn the application concerning Sections 427 and 504 of the Indian Penal Code in the aforementioned F.I.R. Now, he is pressing this application for the offences punishable under Sections 3(2)(v-a) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein referred to as the "the Atrocities Act" for short).

4.2 He contends that upon a bare readin