JUDGMENT :

M.K. THAKKER, J.

1. This is an application filed by the applicants, who are husband and wife-accused Nos.1 and 2 praying to exercise the inherent jurisdiction under Section 482 of the Code of Criminal Procedure and to quash the impugned FIR being II-C.R. No. 48 of 2014 registered with Valiya Police Station, District Bharuch. It is further prayed to quash and set aside the charge-sheet filed before the Competent Court on 12.07.2016 being Criminal Case No. 533 of 2016.

2. Brief facts in a capsulized form are as follow:

2.1. The FIR was filed by the complainant, namely, Urmilaben Harisingbhai Rupsingbhai Vasava alleging against the present applicants that on 19.10.2014 when the present applicants arrived near the residence of first informant on motorcycle and shouted by slowing sown the motorcycle as to why the first informant was not coming for agricultural work in their field. It is further alleged in the FIR that while inquiring that the present applicants called the first informant “Bhilada” and thereafter the applicants went to village Mahuza. Again, while returning at 12 O’clock in the noon, present applicants stopped their motorcycle near the residence of the first informant and asked that why they are not coming for agricultural work.

2.2. It is mentioned in the FIR that, at that point of time, first informant and her sister-in-law were mending on the floor, her brother-in-law and the kids were also present there at that time. Again, the applicants had called them as “Dubla” and “Bhilada.” It is alleged that thereafter the applicants had administered threat on the first informant and conveyed that the brother of the applicant No. 1 is an advocate and they would see that the first informant is put behind the bar. By narrating the incident in the FIR, it is alleged that the present applicants had verbally abused the first informant with regard to their caste and thereby they had committed the offence punishable under Sections 504, 506(2) and 114 of the Indian Penal Code and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the SC & ST Act’ hereinafter).

2.3. During the pendency of the petition, the charge-sheet was filed therefore, draft amendment was filed, which was allowed and the charge-sheet papers were permitted to place on record.

3. Learned advocate, Mr. Adil Mirza appearing for the complainant submitted that the impugned FIR is registered with a view to harass the applicants and as a counterblast of various FIRs which have been registered by the applicant No. 1 against the husband of the respondent No. 2-original complainant. Learned advocate, Mr. Adil Mirza further submitted that there is a long drawn civil dispute regarding agricultural land owned by the applicant No. 1 and his brothers with their sisters, who fraudulently sold the agricultural land to one Hemaben Bhogilal Vasava during the pendency of the civil litigation i.e. Regular Civil Suit No. 21 of 2009.

3.1. It is further argued that civil suit, which is filed by the sister against the applicant No. 1 and other co-owners, the status quo was granted by the learned Civil Court. Despite the order of the status quo was in operation, the purchaser of property had tried to forcibly enter into the disputed land and had committed offence of trespass therefore, two written complaints were given to the concerned police station on 03.06.2014 and 06.06.2014. It is further submitted that pursuant to the complaint, the FIR being I - C.R. No. 45 of 2014 was registered on 09.06.2014 where the husband of the respondent No. 2-original complainant was shown as accused No. 6. Even in both the complaints, which were filed before the concerned police station, name of respondent No. 2 was mentioned as accused No. 6.

3.2. Learned advocate Mr. Adil Mirza has further drawn attention of this Court to the FIR filed on 17.09.2014 under Sections 379, 447 and 114 of the Indian Penal Code by the applicant No. 1, wherein the husband o