JUDGMENT :

(i) By filing Criminal Misc. Application No.15861 of 2013, under Section 482 of the Code of Criminal Procedure, 1973 the applicant- Apoorva Oza seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, I-C.R. No.93 of 2013 registered with Valia Police Station, Bharuch, on 03.09.2013 for the offence punishable under Section 354 of the IPC and Section 3(1) of the “Atrocity Act”.

(i) By filing Criminal Misc. Application No.17116 of 2013, under Section 482 of the Code of Criminal Procedure, 1973, the applicant- Prabhakarsinh Zala & Ramanbhai Patel seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, II-C.R. No.53 of 2013 registered with Valia Police Station, Bharuch, on 27.09.2013 for the offence punishable under Sections 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “the Atrocity Act”) and Section 506 read with Section 114 of the the Indian Penal Code.

2. Both the complaints have been filed by the respondent No.2 Anilaben Prabhubhai Vasava.

3. Heard Mr.Pankaj Chaudhary, learned advocate for the applicants, Mr.L.B. Dabhi, learned AGP for the respondent No.1-State of Gujarat and Mr.Jagatsinh Vasava, learned advocate for the respondent No.2.

4. Learned advocate for the applicants has submitted that, the applicants and original complainant are working in the same NGO namely, “Aga Khan Rural Support Program” which is a Non-Government Organization and which is recognized by the Government of Gujarat. It is further submitted that the said NGO undertakes specific project in the tribal belts in District Bharuch, Narmada and Surat and the applicant Mr. Apoorva Oza (Special Civil Application No.15861 of 2013) is the CEO of the said NGO. As the CEO, he had taken a disciplinary action against the respondent No.2 and thereby issued a show cause notice. To escape from the said administrative proceedings, the respondent No.2 has filed complaints in connivance with one Mr. Hansraj Gurjar; as both the complainant and Mr. Hansraj Gurjar have embezzled funds allocated for the tribal and were involved in financial irregularities which were against the object of the NGO. The attention of the Regional Manager was drawn and administrative action was also taken against the respondent No.2 in this regard and before lodging of the complaint, attention of the higher authority, including the DSP, Bharuch was drawn disclosing the fact about the behavior and misconduct on the part of respondent No.2.

4.1 Further, learned advocate has submitted that subsequently, pursuant to the show cause notice dated 31st August 2013, administrative action taken and suspension order came to be passed, as Mr. Hansraj Gurjar and the complainant both had withdrawn an amount Rs.63,000/- of NGO, the present complainant had filed an application dated 30th August 2013 against the present applicants only with a view to avoid administrative action and legal consequences thereof. It is further submitted that the allegations made in the complaint relate to incident of 11th May 2013, whereas the complaints have been filed belatedly with a delay of about three months. Even no offence is made out under Section 354 of the IPC and even the respondent No.2 herself is a headstrong personality and against her conduct, few lady members of the Mahila Manch of Dediapada had also given a written complaint in the local Police Station. The present complaint is an afterthought, not connected with any of the incident and is filed based on false and fabricated evidence.

4.2. After filing of the said complaint, being I-C.R. No.93 of 2013 on 27th September 2013, a second complaint, being II- C.R. No.53 of 2013 was filed against the applicant No.1- Prabhakarsinh Zala and applicant No.2-Ramanbahi Patel under section 3 (1) (xii) of the “Atrocity Act” and under Section 506 read with Section 114 of the IPC, wherein the respondent No.2- o