An FIR cannot be used as an instrument to intimidate or harass, and must have essential ingredients of the alleged offences to be valid.

ORDER

1. By way of the present petitions under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have challenged F.I.R. No.56/2021, registered in the Police Station Jaswantpura, District Jalore on 26.06.2021.

2. Mr. Patel, learned counsel for the petitioners read the entire F.I.R. for the consideration of the Court and argued that the same is simply based on apprehension and probability and there is not even a whisper of commission of any offence by the petitioners much less a cognizable offence, under any law.

3. Learned Public Prosecutor, though could not dispute the aforesaid position of facts, however, submitted that the petitioners be asked to join the investigation, whereafter, the Investigating Officer will take a considered decision.

4. Learned counsel appearing for the complainant submitted that petitioners have trespassed over their land and the complainants belonging to backward community, are not in a position to face them and protect their proprietary rights.

5. Heard rival counsel and perused the record.

6. A close reading of the written complaint submitted by the complainant shows that complainants have simply made assertion on the basis of purported verbal threat given by the petitioners and their family members and have apprehended that petitoners will cause loss to their person and property.

7. The F.I.R. has been lodged under apprehension of commission of some offence. No incident per-se has been indicated.

8. It is strange that on the basis of such written complaint, the Investigating Officer has registered an F.I.R. that too under Sections 143 and 447 of IPC and 3(l)(v), 3(l)(f), 3(l)(y) and 3(2)(va) of S.C./S.T. (Prevention of Atrocities) Act.

9. It will not be out of place to reproduce relevant extract of the FIR:-

10. A perusal of the provisions under which the case has been registered against the petitioners shows that ingredients of the offence are totally absent in the written complaint lodged by the complainants.

11. There is neither a whisper in the complaint about how the petitioners ever showed disrespect to the complainants on the basis of their caste, nor is there any assertion about the commission of other offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989. So is the position in relation to offences under Sections 143 and 447 of the Indian Penal Code.

12. The F.I.R. in question is nothing but a tool to harass and exert undue pressure on the petitioners in order to secure the property rights or other rights of the complainants. The same is nothing but abuse of process of law.

13. That apart, an F.I.R. cannot be used as an instrument to intimidate or ward off a possible altercation.

14. No offence worth the name is made out in the present case. Hence, F.I.R. No 56/2021 dated 26.06.2021, registered in Police Station Jaswantpura, District Jalore, is hereby, quashed.

15. Both the miscellaneous petitions so also the stay petitions stand dismissed accordingly.