JUDGMENT :

KULDEEP MATHUR, J.

1. By way of filing present criminal misc. petition under Section 482 Cr.P.C. the petitioner has prayed for quashing of the FIR No. 134/2019 lodged at PS Raniwara, District Jalore for the offences under Sections 447 , 504, 34 IPC and Sections 3(1)(f), 3(1)(g) and 3(1)(r) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The allegation against the petitioners is that they have been illegally cultivating and harvesting crops on the disputed land belonging to complainant- Aasu Ram (respondent No. 2), who belongs to SC/ST community. On 26.06.2009, when respondent No. 2 questioned the petitioners as to how they have cultivated on his khatedari land, the petitioners assaulted him with kicks and fists blows and used casteist slurs/abuses against him.

3. Learned counsel for the petitioners submitted that the petitioners had bonafidely purchased half share of the disputed land admeasuring 2.08 hectare, 2.71 hectare total 4.79 hectare in Khasra Nos. 3 and 16 from one Vali Bhai who had purchased the land from Jalore Co-operative and Land Development Bank, Jalore, Branch- Raniwada on 14.06.1995 in an auction. Lerned counsel submitted that original khatedar of the land, Sawla son of Dola Bhil had mortgaged the land with Jalore Co-operative and Land Development Bank and defaulted on the loan, whereupon, the land was purchased in auction by Vali Bhai and mutation was also entered in the name of Vali Bhai being mutation No. 86. Learned counsel submitted that the petitioner No. 1 is a bonafide purchaser who is in possession of the land in question which was purchased by him from Vali Bhai. Learned counsel submitted the present FIR has been lodged by the complainant who is son of Sawla Ji Bhil (original khatedar) on the basis of a false and concocted story. Learned counsel thus prayed that the FIR lodged against the petitioners may be quashed and set aside.

4. Per contra, learned Public Prosecutor and learned counsel for respondent No. 2 submitted that Tehsildar, Raniwara in the month of August, 1998 made a reference under Section 82 of the Rajasthan Land Revenue Act, 1956 before Additional Collector, Jalore stating that the land belonging to Scheduled Tribes cannot be transferred to a member of other caste, therefore, the entire auction proceedings in which land was sold to Vali Bhai is contrary to the provisions of Section 40 of the Rajasthan Tenancy Act, 1955. The reference application moved by the Tehsildar was allowed and the matter was referred to the Board of Revenue Rajasthan, Ajmer. Learned Board of Revenue, Rajasthan, Ajmer vide order dated 16.02.2009 allowed the reference and cancelled the sale certificate and mutation in favour of Vali Bhai and petitioner. It was further argued that the order of Board of Revenue Rajasthan, Ajmer had attained finality after unsuccesful challenges made to the same upto Hon'ble the Supreme Court of India.

5. Learned counsel submitted that Tehsildar, Raniwada in compliance of the orders passed by Board of Revenue, which had already attained finality, issued notices to petitioner No. 1 to handover the vacant possession of land to respondent No. 2 but to no avail. Learned counsel submitted that on 27.06.2019, when respondent No. 2 objected to illegal cultivation of the land by petitioner No. 1 by trespassing the disputed land, the petitioners used casteist slurs against him and also assaulted him.

6. Heard learned counsel for the parties. Perused the material available on record.

7. This Court directed learned Public Prosecutor to procure the case diary from the Investigating Officer. In compliance of the same, case diary has been produced before this Court.

8. From the per