Decided on March 22,2021

Bundu Qureshi Appellant


G S AHLUWALIA,J. - (1.) This application under Section 482 of Cr.P.C. has been filed for quashing the FIR in Crime No.185/2020 registered at Police Station Kailaras, District Morena for offence under Sections 294, 323, 506 of IPC and under Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short Act 1989).
(2.) It is submitted by the counsel for the applicant that on 16.5.2020 at about 10:45 AM the complainant lodged a report alleging that at about 8:00 AM he and his mother were digging holes in the earth boundary of their field. The applicant whose field is adjoining to the field of the complainant came there and started abusing the complainant and his mother filthly and also humiliated and insulted him by calling him by his caste name (actual words are not being reproduced). Thereafter, he assaulted his mother on her right hand by an iron rod. When the complainant tried to intervene in the matter, then the applicant assaulted the complainant by means of a sickle, as a result he sustained injury on his forehead. On hearing their cries, his brother-in-law and brother came on the spot and saved the complainant and his mother. While fleeing away, the applicant had also extended a threat that in case if the report is lodged, then he would kill them.
(3.) It is submitted by the counsel for the applicant that the FIR is nothing but a counterblast to the FIR lodged by the applicant against the respondent No.2 and other co-accused persons which was registered as Crime No.184/2020 at Police Station Kailaras, District Morena. It is submitted that the FIR was lodged at 9:15 am. In the said FIR, it was alleged that when the applicant went to his field, then he found that the respondent No.2 and other co-accused whose field is adjoining to the field of the applicant were digging in his field. When he objected to it, then he started abusing the applicant. When again it was objected by applicant, then the respondent No.2 assaulted him by a spade whereas the other two co-accused persons had caught hold of his hands. Because of the assault, the applicant sustained injuries on his nose and he somehow managed to save himself.;

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