IMRANKHAN RAUFKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report bearing C.R. No. I - 12 of 2003 registered with Athwalines Police Station, Surat City, for the offences punishable under Sections 395, 426 of the Indian Penal Code and under Section 135 of the Gujarat Police Act and the proceedings initiated in pursuance thereof.

(2.) Heard Mr. Samir Afzal Khan, learned advocate for the applicants, Ms. Monali Bhatt, learned APP for the respondent No.1-State and Mr. Aamirkhan Pathan, learned advocate for the respondent No.2.

(3.) The affidavits of Rameshbhai Govindbhai Dhodhiya - respondent No.2 - original complainant and the affidavits of victims namely Kavavala Mahesh Ratanji, Jayaben Dineshbhai, Rathod Dakshaben Babubhai, Patel Prakashbhai Narsinghbhai, Ashaben Jitendra have also been filed and the death certificate of Jayvadan Bhagwandas Bhagat is also produced on record. All the victims have affirmed their affidavits today and as per the record on 04.05.2021 the complainant and the witnesses who were present at the office of learned advocate Mr. Irshad Chhowala who has verified and affirmed the fact of settlement between them, and according to them, they were not seriously injured and the quarrel was on trivial issue of which had occurred of festival of Uttarayan.