ORDER

1. The instant petition under section 482 of Cr.P.C. has been preferred by the applicant for quashing the FIR registered vide Crime No.692/2022 at Police Station-Damoh Dehat, District Damoh for the offence punishable under sections 341, 294, 323, 307 all read with section 34 of IPC & Section 25, 27 of Arms Act as well as section 3(1)(r), 3(1)(s), 3(2)(va) and 3(2)(v) of SC/ST 1 (Prevention of Atrocities) Act, 1989.

2. As per prosecution case, on 31.10.2022, at about 07:00 PM, when complainant Rajkumar Ahirwar along with Naresh Ahirwar and Rakesh Ahirwar were going towards Damoh by motorcycle, one Sunil Ahirwar obstructed the way and started abusing them. Sunil Ahirwar assaulted Naresh Ahirwar and Rakesh Ahirwar with wooden stick. Thereafter, present applicant and Dharamveer Rajput came over there and started abusing the complainant on his caste while Dharamveer assaulted the complainant with wooden stick. Thereafter, a gunshot fire was made by the accused persons which caused injury to the complainant on his right shoulder. Police investigated the matter and registered the FIR against the present applicant and three other co-accused persons. It is pertinent to mention herein that the charge-sheet has also been filed in the case wherein co-accused persons have been exonerated by the police.

3. Learned counsel for the applicant submits that the allegations made against the applicant do not constitute the offence as alleged by the prosecution. The complainant has filed the complaint with malafide intention. The investigation carried out by the police itself shows that the complainant lodged concocted and false complaint. He submits that the brother of present applicant lodged the FIR against the complainant party for the offence punishable under sections 325, 326 and 307 of IPC at the same Police Station, in which, the applicant is one of the witness. The complainant party wanted to compromise in the matter and when the compromise could not take place, this false case has been registered by them against the present applicant. The brother of applicant has also filed a writ petition bearing W.P. No.14430/2022 seeking direction to respondent No.3 to take appropriate action against the complainant party regarding threat given by the complainant party. The Hon'ble Court was pleased to dispose off the said writ petition directing the petitioner to file an application before the Competent Authority under the provision of Witness Protection Scheme, 2018. The criminal proceedings initiated by the prosecution suffer from malafide intention with an ulterior motive of complainant party. There is no evidence so as to indicate that the present applicant was involved in the alleged crime. He has relied upon the pronouncement of the Hon'ble apex Court in the case of State of Hariyana v. Bhajan Lal reported in (1992) 1 SCC 335 saying that when a criminal proceeding is manifestly tainted with malafide intention, same deserves to be quashed. With the aforesaid, he prays to allow the petition.

4. On the other hand, learned Panel Lawyer for the State opposes the prayer made by the counsel for the applicant submitting that there is sufficient evidence available against the present applicant to constitute the alleged offence against him. At his initial stage, FIR may not be quashed. The present applicant is habitual offender and 25 cases are registered against him. The complainant is a member of SC/ST community and the present applicant abused him on his caste which is serious offence not even against the complainant but against the society as well. With the aforesaid, he prays for dismissal of the present petition.

5. Heard and perused the case-diary.

6. On perusal of case-diary, prima-facie, it appears that allegation against the present applicant is that he abused the complainant on his caste and he might be a person who made a gunshot fire on him. Initially, the police registered the FIR against 04 accused persons and out of them, except the presen