BALKRUSHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All Applicant Nos.1 to 3 herein, by way of instant proceeding, are seeking quashment and nullification of FIR and criminal proceedings arising out of the FIR, which has been lodged at the instance of Balkrushna Tukaram Thorat (respondent No.2 herein). They are seeking exercise of inherent powers under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.').

(2.) Brief background of the case : Present respondent No.2 lodged FIR informing that, applicants herein abused him and his son on caste basis and also threatened to kill him. According to informant, there was civil dispute between applicants and son of informant. In the said backdrop, initially on 24/7/2019, while respondent No.2 was at his work place, at around 08:30 a.m., applicant accused Nos.1 and 2 arrived there and threatened to withdraw the civil proceeding. Applicant accused No.3 also joined them. In the above backdrop, they abused him on caste basis and also beat him. According to the informant, he and accused being residents of same village, he ignored the occurrence and did not report to the Police. However, on 26/7/2019, accused persons again approached him, threatened him and humiliated him on caste basis. Hence, the FIR. On the strength of above FIR, Neknur Police Station, District Beed, undertook investigation and after it's completion, filed charge-sheet. Submissions

(3.) Learned Advocate for the applicants would strenuously submit that FIR is patently with false allegations. It was motivated only because of dispute of land between son of informant and present applicants. He pointed out that according to informant, there was some incident of abuse on 24/7/2019 but there was no prompt reporting. Rather merely to harass applicants, after due deliberation, later-on on 27/7/2019, false and concocted story is cooked up showing that there was threat and caste abuse even on 26/7/2019.