HEMANTBHAI BALVANTBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 14/3/2018 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing) No. 765 of 2012, by which the learned Single Judge of the High Court has dismissed the said writ petition and has refused to quash the criminal proceedings against the appellants herein arising out of FIR being I-C.R No.293/2007 before the Sarkhej Police Station, the original accused have preferred the present appeal.

(2.) We have heard Shri Saif Zia, learned counsel appearing on behalf of the appellants and Shri Siddhartha Dave, learned Senior Advocate appearing on behalf of the original complainant. At the outset, it is required to be noted that prior in time the appellants herein - original accused had filed an FIR against the complainant herein being I-C.R. No. 337/2007 dtd. 23/4/2007 with the Satellite Police Station and the charge sheet came to be filed against the complainant herein and the matter is presently pending adjudication before the JMFC, Ahmedabad (Rural). It is also required to be noted that the appellants herein are the son and grandson of the original complainant and the original complainant is the mother of appellant No.1 and grandmother of appellant No.2 (accused herein).

(3.) Learned counsel appearing on behalf of the appellants has vehemently submitted that as such the disputed signatures on documents D3 and D5 tally with the original signatures of the complainant on D1, D2, D4 and D6. He has heavily relied upon the FSL report (Annexure P2). It is submitted that as such the appellants tried their best to resolve the dispute amicably being a family dispute, however, efforts have failed.