DINESH @ DILIP DEVSHIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants herein-original accused to quash and set aside the impugned FIR as well as subsequent charge sheet arising out of the FIR being CR-I- No. 158 of 2005 registered with Vatva Police Station, Ahmedabad for the offences punishable under Sections 307, 498 A and 114 of the Indian Penal Code.

(2.) MS. Shilpa Shah, learned advocate for the applicant nos. 1 to 4-original accused nos. 1 to 4 seeks permission to withdraw the present application with a liberty to submit an appropriate application for discharge before the concerned Magistrate. Under the circumstances, present application is dismissed as withdrawn so far as applicants no.1 to 4-original accused nos. 1 to 4 are concerned with a observations that as and when any application is made for discharge, the same be considered in accordance with law and on merits.

(3.) IN view of the above and for the reasons stated above, present application succeeds in part and impugned criminal proceedings arising out of the FIR being CR-I- No. 158 of 2005 registered with Vatva Police Station, Ahmedabad for the offences punishable under Sections 307, 498 A and 114 of the INdian Penal Code inclusive of charge sheet filed against them are hereby quashed and set aside so far as applicants no. 5 to 7 herein-original accused nos. 5 to 7 are concerned. However, same shall be without prejudice to the rights and contentions of the original complainant as well as prosecution against other accused persons and the proceedings against them be considered by the concerned Magistrate in accordance with law and on merits and without in any way being influenced by the present order which would be qua applicants no. 5 to 7 only. Rule is made absolute to the aforesaid extent so far as applicants no. 5 to 7 are concerned and Rule is discharged so far as applicants no. 1 to 4 herein-original accused nos. 1 to 4 are concerned.