- (1.) The petitioners, by this miscellaneous petition, have prayed for quashing the F.I.R. No.116/94, Police Station, Osian (district Jodhpur), pertaining to the offences under Section 447 I.P.C. and Section 3(1)(5)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) An F.I.R. can be quashed if it does not disclose any of the offences. It can, also, be quashed if the allegations, made in the F.I.R., are absurd and inherently improbable and if no case is made-out against the accused or it has been instituted maliciously with an ulterior motive for wreaking the personal vengeance or taking personal revenge. I have gone-through the contents of the F.I.R. lodged against the petitioners. After perusal of the F.I.R. it cannot be said that it does not disclose any offence against the petitioners. As the facts narrated in the F.I.R. constitute some offence, therefore, it cannot be quashed. The investigating agency, therefore, may proceed with the investigation but the accused-petitioners may not be arrested for the offence under Section 3(1)(5)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) With these observations, the miscellaneous petition, filed by the petitioners, is dismissed.;