LAWS(GJH)-2023-7-757

FAKIRSHA Vs. STATE OF GUJARAT

Decided On July 07, 2023
Fakirsha Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This is an application filed by the applicants, who are husband and wife-accused Nos.1 and 2 praying to exercise the inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure and to quash the impugned FIR being II-C.R.No.48 of 2014 registered with Valiya Police Station, District Bharuch. It is further prayed to quash and set aside the charge-sheet filed before the Competent Court on 12/7/2016 being Criminal Case No.533 of 2016.

(2.) Brief facts in a capsulized form are as follow:

(3.) Learned advocate, Mr.Adil Mirza appearing for the complainant submitted that the impugned FIR is registered with a view to harass the applicants and as a counterblast of various FIRs which have been registered by the applicant No.1 against the husband of the respondent No.2-original complainant. Learned advocate, Mr.Adil Mirza further submitted that there is a long drawn civil dispute regarding agricultural land owned by the applicant No.1 and his brothers with their sisters, who fraudulently sold the agricultural land to one Hemaben Bhogilal Vasava during the pendency of the civil litigation i.e. Regular Civil Suit No.21 of 2009.