An FIR must be quashed when the allegations are vague, fail to disclose the essential ingredients of criminal intimidation or intentional insult, and appear to be a retaliatory measure or a systematic abuse of the court's process intended to harass the accused.

JUDGMENT

1. The present application is filed for quashment of the FIR registered with Kadi Police Station, District Mehsana, dated 05.04.2014, being I-C.R. No.72 of 2014, for the offences punishable under Sections 341, 323, 504, 506(2) and 114 of the Indian Penal Code, as well as under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act”).

2. Heard learned advocate Mr. Vijay Nangesh for the applicant and learned APP Ms. Vrunda Shah for the respondent–State. The endorsement on the cause list indicates that respondent No.2–complainant has expired, and none has appeared on behalf of the legal heirs of the complainant.

3. Learned advocate Mr. Nangesh appearing for the applicant submits that the present FIR is a counterblast to the complaint filed against the complainant under Section 138 of the Negotiable Instruments Act on 05.10.2013, which came to be registered as Criminal Case No.1943 of 2013. It is submitted that the alleged offence, stated to have been committed on 26.03.2014, was reported on 05.04.2014 without any explanation for the delay in lodging the FIR. It is further submitted by learned advocate Mr. Nangesh that even on a bare perusal of the FIR, none of the ingredients of the alleged offences are satisfied and, therefore, the FIR is a misuse of the process of law. It is also contended that the complainant is in the habit of filing false complaints by taking advantage of the provisions of the Atrocities Act, and that approximately 10 to 12 complaints have been filed against different persons under the Atrocities Act as well as under the Indian Penal Code. It is further submitted that no independent witness has been examined and statements have been recorded only of those witnesses who are related to the complainant. It is, therefore, contended that continuation of the proceedings pursuant to the impugned FIR would amount to harassment of the applicant and, in that background, the FIR deserves to be quashed and set aside.

4. Per contra, learned APP Ms. Shah submits that during the course of investigation, the statements of witnesses, namely Vinodbhai Chauhan and Yogeshbhai Chavda, have been recorded, which support the version of the complainant. It is further submitted that no medical certificate has been collected during the course of investigation, as the averments in the FIR itself suggest that no medical treatment was taken by the complainant. In that background, learned APP Ms. Shah submits that the investigation is still not concluded and, therefore, the present application does not warrant interference at this stage. It is accordingly prayed that the same be rejected.

5. Having considered the submissions made by the learned advocates for the respective parties and upon perusal of the allegations made in the FIR, Column No.12 of the FIR is reproduced hereinbelow:

“12. The accused persons in the present case, under the pretext of settling the complainant’s earlier complaint, intercepted the complainant in respect of his vehicle bearing registration No. GJ-18 AH 8266, abused him in filthy language, and used caste-related derogatory remarks against the complainant. They further extended threats to kill the complainant and, in furtherance of their common intention, assaulted the complainant by inflicting fist and kick blows, thereby aiding and abetting the commission of the alleged offence.”

6. It emerges that the alleged occurrence, stated to have taken place on 26.03.2014, was reported on 05.04.2014. On perusal of the allegations, it appear