MUNIRBHAI BAHADUR KHOJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The present application, under Sec. 482 of the Criminal Procedure Code is filed by the applicant - original accused seeking quashment of the impugned F.I.R. being C.R. No.I-79 of 2016 registered with Umagargao Police Station, District Valsad; for the offences punishable under Ss. 354, 504, 506(2) and 114 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C.).

(2.) Brief facts of the case as per the case of the applicant in this applicant are as such that the complainant is residing with her family members at the address mentioned in the cause title and approximately at least four years before the filing of the present FIR, the complainant and the applicant had entered into development of one particular building viz. Mannat Building. As per the agreement, Mannat Building was constructed on the said premises and on 16/7/2016, the present applicant and other three persons had come to the house of the present complainant and tried to outrage her modesty and threate her. It is furtehr the case of the applicant in this application that she was scared and therefore, she has lodged an FIR after a delay of four days. Hence, the present application is preferred.

(3.) Heard Mr. Siddhant S. Parikh, the learned counsel appearing for Mr. Hardik H. Dave, the learned counsel for the applicant and Mr. N.V. Gandhi, the learned counsel for the respondent No.2 and Mr. Manan Mehta, the learned Additional Public Prosecutor (APP) for the respondent No.1 - State.