ANILBHAI BALDEVBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No.1- State and Mr. Valmik Vyas, learned advocate waives service of notice of rule on behalf of respondent No.2 - original complainant.

(2.) The petition has been filed under Section 482 of the Code of Criminal Procedure (for short, "the Cr.P.C.") seeking quashment of the First Information Report being I C.R. No. A/11191037210818 of 2021 registered with Odhav Police Station, Ahmedabad, for the offences punishable under Sections 354, 354I, 323, 506(2) and 114 of Indian Penal Code and under Sections 3(1)(r), 3(2)(5) and 3(1)(W.I.II) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, "the Atrocities Act") and the proceedings initiated pursuant thereto.

(3.) The defacto complainant is present in the office of learned advocate Mr. Valmik Vyas who has identified the complainant. The affidavit of the complainant is placed on record and she has affirmed the affidavit and the contents and also identified her signature. According to the complainant, the petitioner is a landlord and there was a dispute with regard to rent and under the instigation and wrong advice, she had filed a complaint against the petitioners. She further states that she is still residing in the rental premises and there has been no such incident alleged in the FIR vide Sections 354, 354I of the IPC nor under Sections 323, 506(2), 114 of the IPC. She further states that no such offence has been committed by the applicants under Sections 3(1)(r), 3(2)(5A) and 3(1)(W.I.II) of the Atrocities Act. The compromise is arrived at her own free will and there is no such pressure of filing the affidavit.