LATABEN JITESHBHAI LATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed under Section 482 of the Criminal Procedure Code, 1973 for quashing and setting aside the FIR being C.R.No. Part- A/112100042001003 of 2020 registered before Amroli Police Station, District: Surat for the offence under Section 307 of the Indian Penal Code.

(2.) Heard Mr.Hardik Dave, learned advocate for the applicant, Ms.Maithili Mehta, learned Additional Public Prosecutor for respondent No.1 - State and Mr.Pawan Barot, learned advocate for respondent No.2 through Video Conferencing.

(3.) Mr.Hardik Dave, learned advocate for the applicant has submitted that the FIR has been lodged against the applicant, who is a lady, for attempting to murder of her own two children. He has submitted that on reading of the FIR, it would reflect that under frustration, the applicant has administered the poisonous substance to her two children as well as she herself has consumed the said substance and wanted to commit suicide. He has submitted that an amicable settlement has been arrived at between the present applicant and respondent No.2 i.e. husband and wife, there was a family dispute between them and due to that under frustration, the applicant has committed the alleged crime. He has submitted that as the complainant himself has filed an affidavit, the request of quashing the FIR may be allowed in the interest of justice.