PRATIKBHAI BANSIBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicants - original accused under Sec. 482 of the Code of Criminal Procedure seeking quashing and setting aside the impugned FIR being II.C.R.No.258 of 2013 registered with Vijapur Police Station, Mehsana for the offence punishable under Ss. 504, 506(2) and 114 of the Indian Penal Code (herein after referred to as the "IPC").

(2.) Learned advocate for the applicants has submitted that prior to the present FIR being lodged by respondent no.2 against the present applicants, an FIR being II.C.R.No.257 of 2013 registered with Vijapur Police Station, Mehsana was registered by the applicant no.3 herein against the husband of respondent no.2. The FIR against the husband of respondent no.2 was registered on 4/9/2013 at 6.15 p.m., whereas the FIR, in present case, was lodged by respondent no.2 on 4/9/2013 at 9.40 p.m. Thus, the present FIR is nothing, but counterblast of the FIR lodged against her husband.

(3.) Learned APP has opposed the application by submitting that as per the FIR, the respondent no.2 had gone to the office of municipality for gathering some information, which was required for the purpose of meeting of the Town Planning Committee, which was scheduled to take place on 16/9/2013. At that time, the present applicants started behaving with the respondent no.2 in a rude manner and at that point of time, her husband reached to the spot upon which the applicants herein got agitated and threatened him of his life. Therefore, ingredients of offences alleged in the FIR are clearly made out from the bare perusal of the FIR in question. She, therefore, submitted to dismiss the present application.