DILIP MANCHHALAL PARIHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed for the following prayers:

(2.) Heard learned Senior Counsel Mr. Aditya Bharat Manubarwala with learned advocate Mr. O.I.Pathan for the petitioner and learned APP, Mr. Manan Maheta for the respondent - State.

(3.) Learned Senior Counsel has submitted that essentially the dispute is between two brothers and initially, the application was given before some other Police Station, though, both the brothers are residing at Mumbai however with a view to harass the present petitioner, the FIR is filed before the D.C.B. Police Station, Ahmedabad City. He has further submitted that looking to the tenor of the FIR, essentially the allegation pertains to non-payment of the amount and for that Civil Proceedings are required to be filed which can be more efficacious remedy and by way of the present FIR, the Civil Proceedings are converted into Criminal Proceedings. Therefore, he submits that, in view of the settled position of law, when the Court is of the opinion that on a bare reading of the FIR, no offences are made out or Court is of the opinion that the continuation of the proceedings pursuant to the FIR would amount to abuse of process of law, then the Court should interfere in the proceedings initiated pursuant to the FIR and may quash the proceedings, in the interest of justice.