NARENDRASINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short) praying to quash and set aside the FIR being C.R.No.II- 28 of 2018 registered at Godhra Taluka Police Station, Dist.Panchmahals for the offences punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code (' IPC ' for short) and Ss. 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('Atrocities Act' for short).

(2.) Rule. Learned APP Mr.Joshi waives service of notice of rule for respondent no.1 and learned advocate Mr.Dave waives service of notice of rule for respondent no.2.

(3.) The brief facts as stated in this application are such that the respondent no.2 has filed the impugned FIR on 12/2/2018 against the petitioners alleging that the government had allocated money for the purpose of undertaking work for progress of the Gram Panchayat and such money was transferred in the bank account of the Gram Panchayat for the year 2017-18; that the petitioner no.1 who is Deputy Sarpanch has withdrawn such amount from bank account of Gram Panchayat under the signature of the respondent no.2 and therefore the respondent no.2 informed the Taluka Development Officer and District Development Officer and other government authorities. Thereafter, the general meeting was held on 30/12/2017 and the petitioner no.1 refused to have signed for withdrawal of the amount from the bank. It is alleged that in the evening, the petitioners came to the house of the respondent no.2 and began abusing her and petitioner no.3 slapped the husband of the respondent no.2 and threatened them of dire consequences and insulted of her caste. It is this FIR which is sought to be quashed in this petition.