SHAH KETANBHAI VIBHAKARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, under Sec. 482 of the Code of Criminal Procedure, 1973, applicants-original accused seek to invoke inherent powers of this Court praying for quashment of the FIR being II-C.R.No.3049 of 2016 registered with Bayad Police Station.

(2.) Facts and circumstances giving rise to file present application are that the applicants and respondent no.2 were in business of T.V. cable connection, as a result, their relationship was not cordial. It is alleged that on 17/5/2016, the applicants have assaulted the complainant and threatened to kill him. In such circumstances, FIR came to be filed against the applicants herein. Being aggrieved with the registration of the FIR, instant quashing petition has been preferred by the applicants.

(3.) Mr.Pankaj Chaudhary, learned advocate for the applicants would submit that the FIR has been registered with malafide and ulterior motive for wracking vengeance on the applicants and with a view to spite them due to private and personal grudge. He has urged that it is evident that the applicants and the informant are in the same business and in past also, scuffle took place between the parties and therefore, in order to take revenge of the earlier incident, questioned FIR is being lodged with a view to harass the applicants. Lastly, he has urged that the applicant no.2 was not present at the scene of offence as he was out of India, whereas presence of applicant no.2 was at the Ahmedabad. In such circumstances, it is prima facie established that criminal proceedings is manifestly attended with malafide intention.