A First Information Report (FIR) should not be quashed unless it is found to be false, mala fide, or does not disclose any cognizable offense.

1. - The instant misc. petition has been filed by the petitioners seeking quashing of the F.I.R. No. 252/2012 registered at the Police Station Kotwall, Doongarpur for the offences under Sections 452, 307 and 427/34 of the I.P.C. read with Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and Section 3/25 of the Indian Arms Act.

2. Succinctly stated the facts of the case are that the respondent No. 2, an Executive Engineer with the Public Works Department, resident of SF-29, Sivaji Nagar Housing Board, Doongarpur filed a report at the Police Station Kotwali, Doongarpur on 25.10.2012 at 12.30 A.M. with the allegations that in the night at about 9.30 the petitioners herein came to his house and rung the bell. When the first informant came out in the Varrandah, he identified Poonam Chand, Mukesh and his driver. As soon as the first informant came out, the accused persons, who were standing outside the house started abusing and hurling caste based abuses to the complainant. The complainant claimed that he was a person belonging to Scheduled Caste. The accused forcibly pushed the gate of the complainant's house due to which, the chin with which the gate has been secured, broke. The complainant fearing harm to his life, used into the room. The accused persons forcibly opened the gate and entered into the house of the complainant and started damaging the Government Swift car, which was sparked inside the quarter where the complainant resided. When the complainant requested them to not to do so, the accused took out a pistol and ran behind him. When the complainant tried to save himself by entering into a room, the accused fired a gun shot by his pistol. The complainant managed to lock himself inside his room on which the accused persons started banging the door of the room by kicks and also started pelting stones and brickbats. The complainant has specifically alleged that at the time of the incident, his wife and daughter witnesses the assault leached by the accused. They also requested in accused to refrain from their activities but the accused paid no heed and also abused them with caste oriented words. The complainant managed to save himself by locking himself inside the room. Hearing the commotion, people of the colony collected on which the accused ran away.

3. The complainant informed the police and the police reached his house, whereupon the complainant opened the door of his house and came out. He saw that bricks, stones and broken glass pieces as well as an empty cartridge were lying at the scene of the occurrence. The complainant has further alleged that Poonam Chand was demanding for the payment of a defective road constructed by him and was also asking for the payment of the roads, which were still under guarantee period, which the complainant was not acceding to. The complainant alleged that he had made complaints about the defective roads constructed by Poonam Chand and had also recommended his blacklisting and therefore, Poonam Chand was continuously threatening him by mobile calls over the last few days. The officer did not take the threats seriously but on the day of the occurrence, Poonam Chand, his son and his driver exceeded all the metes and bounds and forcibly entered into his house for the purpose of killing him.

4. On the basis of this report, the F.I.R. No. 252/2012 was registered for the offences under Sections 452, 307 and 427/34 of the I.P.C. and investigation was commenced.Now the petitioners have approached this Court by way of the instant misc. petition seeking quashing of the F.I.R. impugned.

5. This Court whilst considering the arguments advanced at the bar on 28.1.2012, made an inquiry from the learned Public Prosecutor as to why the offence under Section 458 of the I.P.C. and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act were not applied in the case. Thereafter, the learned counsel for the petitioner on 7.2.2013 filed an affidavit of the petitioner No. 2 swearing therein