Cr.appln.4366/12 v. The State of Maharashtra & Ors.

1] By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants are praying for quashing of FIR No.M9/2012 dated 25.8.2012 registered with Washi Police Station, District Osmanabad. The Cr.appln.4366/12 - 2 - grounds on which the challenge is formulated are stated as follows:- a] The complaint which is based on order u/s 156(3) of Cr.P.C. was filed on 23.8.2012 while the FIR was lodged by the present applicants on

21.8.2012. Thus, the complaint filed by the respondent no.3 is in order to retaliate the case filed by the applicants. b] There exists a dispute of civil nature which is being painted by the respondent no.3 as an offence by use of false allegations and false complaint. c] The applicants are owners and title holders and claim asserted by the respondent no.3 is false. 2] By this application, the applicants are persuading this Court to believe the version contained in the application to be true and the text of FIR to be false. 3] The truthfulness of the FIR on facts, which actually depicit mala-fides can be tested only in the process of trial. Mala-fides is a question of fact and unless the averments are of such a nature and are based on more or less admitted facts so that proof thereof is not required, it will not be permissible for this Court to Cr.appln.4366/12 - 3 - quash the FIR based on the ground of it being actuated with mala-fides. 4] We are, therefore, satisfied that the applicants have not made out any case for indulgence. 5] The criminal application is rejected. (SUNIL P. DESHMUKH, J.) (A.H. JOSHI, J.) ndk/cr2011124