The main legal point established in the judgment is the need for a prima facie case against the accused and the caution required in exercising the power under Section 482 Cr.P.C.

JUDGMENT

1. This petition under Section 482 Cr.P.C. has been filed by the petitioner seeking quashment of the FIR in Crime No. 174/19 registered at police station Rehti, District Sehore for the offence punishable under Sections 354, 506, 294 of IPC as well as Section 3(2)(Va) and 3(1)(w)(i) of the Prevention of Atrocities Act, 1989.

2. According to case, on the basis of information given by complainant/respondent No. 2, the police has registered the case under the aforesaid offences. It is mentioned in the FIR that on 29.04.2019, in the evening at about 5:00 PM, the complainant went to her farm where the petitioner was already sitting. Due to dispute of land, petitioner started abusing her and used force with intent to outrage her modesty. On shouting, he threatened her for dire consequences. He has also passed remark on her caste with intent to insult her. She disclosed the incident to her husband. In the night, the petitioner again came to her house and threatened them not to register the FIR. She lodged the FIR on 3.05.2019 when her sons came to house.

3. The learned counsel for the petitioner submits that the petitioner himself is a member of ST community as per the notification of Government issued in this regard. Hence, the provisions of SC/ST Act do not apply to the petitioner. The investigation officer has also not mentioned the caste of the petitioner in the FIR. He did not take pains to enquire about the caste of the petitioner. In the FIR, there is no ingredient for the offence of Section 294 IPC. He further submits that even if all the allegations made in the FIR, are taken to be true, no offence is made out under section 354 IPC. The petitioner had no intention to outrage the modesty of the complainant. The petitioner is aged about 33 years whereas the complainant is of 45 years, hence, the story of prosecution does not seem to be natural. The FIR has been lodged by the complainant with malafide intention. He further submits that, the petitioner has also filed the complaints dated 30.04.2019 and 01.05.2019 against the complainant and her family members for damage and abusement and the FIR was also registered by the police vide Crime No. 176/2019 for the offence under Sections 188, 427 and 34 IPC. He submits that due to aforesaid reason, the complainant has falsely implicated the petitioner. He prays to allow this petition.

4. On the other hand, learned panel lawyer for respondent No. 1/State as well and counsel for the respondent No. 2 oppose the petition submitting that there is sufficient material available in the case to prosecute the petitioner. Since, the petitioner was absconding, the investigation is yet to be completed, hence, the grounds raised by the petitioner may be taken into consideration by the police before filing the charge sheet. The complainant has specifically alleged against the petitioner for the aforesaid offences, hence, FIR may not be quashed, at this stage. With the aforesaid, they pray for dismissal of this petition.

5. Heard and perused the case diary.

6. Before embarking on the fact of the case it would be appropriate to consider the legal aspects regarding scope of Section 482 Cr.P.C. while quashing the FIR and other criminal proceedings. In this regard, in the case of State of Haryana vs. Bhajan Lal [1992 Supp (1) SCC 335, the Hon'ble Apex Court held that the power under section 482 Cr.P.C should be exercised either to prevent abuse of the process of the Court or otherwise to secure the ends of justice. The court issued seven guidelines to exercise the power under section 482 Cr.P.C. Same are quoted herein under :

'(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable of