LAWS(GJH)-2023-2-1685

HASHMUKHBHAI KANJIBHAI MIYATRA Vs. STATE OF GUJARAT

Decided On February 23, 2023
Hashmukhbhai Kanjibhai Miyatra Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants-original accused seek to invoke inherent powers of this Court, for quashing of the FIR being I-C.R.No.11202014230027 of 2023 registered with Dhrol Police Station, Jamnagar for the offences punishable under Ss. 306, 386, 504, 506(2) and 114 of the IPC and Ss. 5, 33, 40 and 42 of the Gujarat Money Lenders Act, 2011.

(2.) Facts and circumstances giving rise to file present petition are that the complainant was used to get personal loan from the persons named in the FIR and due to his inability to repay the advance money, he left his village as a result of which, the lender including the accused tried to pressurize the father of the complainant. The deceased - father could not bear the pressure of the accused as a result, he committed suicide by consuming poisonous substance. The complainant lodged an FIR for the aforesaid offences.

(3.) The original informant Bakulbhai Ravjibhai Patel, filed an affidavit, which is taken on record. He has categorically stated that the dispute with the applicant has been amicably settled with the intervention of the friends and well-wishers and pursuant to the settlement, he does not wish to prosecute the accused and has no objection if the proceedings are quashed.