MISHAL JATIN SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, under Ss. 482 of the Code of Criminal Procedure, 1973, the applicants are seeking quashment of the impugned FIR being CR-I No.142 of 2017 registered with the Vapi Town Police Station under Ss. 323, 325, 324, 504, 506(2) and 114 of the Indian Penal Code and Sec. 135 of the G.P. Act.

(2.) Learned advocate Mr. Hardik Dave for the applicants does not press this application qua applicant No.3 - Chandrakantbhai Keshavlal Modi and he seeks permission to withdraw this application qua applicant No.3. Permission, as prayed for, is granted. This application is dismissed as withdrawn qua applicant No. 3 only. Therefore, this application is heard and decided for rest of the applicants today.

(3.) The short facts of the prosecution are that respondent No.2 on the occasion of Diwali on 19/10/2017 was sitting outside of her house with her husband and daughter and at that time, the applicants were bursting the crackers and at the relevant point of time, one cracker was burst near respondent No.2 and so that, respondent No.2 suffered minor injury, therefore, she told the applicants to take care and so that the applicants got provoked and started abusive language to respondent No.2 and also beaten her husband and then her husband was taken to the hospital for treatment.