SHAILESH KALIDAS BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) praying for quashing and setting aside the FIR being II-C.R.No.3168 of 2016 registered with Ramol Police Station, Ahmedabad for the offences punishable under Ss. 323, 294(b), 506(2) and 114 of the Indian Penal Code (' IPC ' for short) and Sec. 135(1) of the Gujarat Police Act.

(2.) The brief facts leading to filing of this application are such that the respondent no.2 is the neighbour of the applicant herein and they had an ongoing dispute over the road adjoining their house between them; that on 8.30 p.m., on 11/9/2016, when the respondent no.2 was going to fuel station, the applicant came in fortuner car and stopped the respondent no.2 and started abusing him and when he was stopped by respondent no.2 for not abusing him, the applicant started beating the respondent no.2; that two unknown persons came down from the car with wooden sticks and beat the respondent no.2 twice/thrice on his head and threatened him that the applicant owns a pistol and if the respondent no.2 quarrels with the applicant over the way adjoining their houses, then the applicant would kill the respondent no.2; it is alleged that when the two unknown persons along with the applicant started beating the respondent no.2, the respondent no.2 started shouting and resultantly, the applicant herein and the two unknown persons fled away from the place; that in the meanwhile a friend of respondent no.2- Prakashbhai came to the place of incident and he was taken to hospital for treatment, therefore, the impugned FIR is filed, which is sought to be quashed by way of this application.

(3.) Heard learned senior advocate Mr.S.I.Nanavati for learned advocate Ms.Anuja Nanavati for the applicant, learned APP Mr.Joshi for the respondent no.1- state. Though served, none appears for respondent no.2- complainant.