ASHISHBHAI BANSILAL (BASUDIWALA) MODI 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 the following reliefs:

(2.) The brief facts leading to filing of this application, as stated in the application, are such that the impugned FIR is filed stating that the complainant was present at her residence and that the house is on the name of her fatherin-law Ishwarlal and that father-in-law, her father and herself is staying at ground floor; that her sister-in-law Dhartiben, her husband Dineshbhai is staying at upper floor; that her husband is residing at Vedant society in Deesa; that the complainant and the accused had some dispute regarding the house from quite some time and in that regard, the complainant had given a complaint in the police station also; that at around 3.30 p.m. when the complainant was sleeping, after a while sister-in-law of the complainant i.e. Dhartiben was talking to the present petitioner i.e. Ashwinbhai Bansilal Modi residing at Patan and on the phone she was conveying to Ashishbhai that today she is going to kill the complainant; that after this conversation, the accused no.1 went at the back gate of the house and was locking down the front gatel that the complainant got out of the house and during that time, Dhartiben, accused no.1 came with wooden stick in her hand and injury was caused on left hand of the complainant and thereafter the complainant with stone and also injured the finger of the complainant; that thereafter the accused no.1 went in bathroom and brought kerosene with her and that kerosene was poured on the complainant and the complainant started shouting and nearby people gathered around; that thereafter Dhartiben again called Ashishbhai and locked the front gate; that thereafter the complainant called her husband Yogeshkumar and her husband informed the relatives namely Hansaben Vasantkumar Popatiya, Premilaben Bachubhai Bharatiya and Induben Laxmichand Kanudawala, who came and tried to resolve the issue, but the main gate was locked and they could not enter; that the complainant tried to snatch away the key from Dhartiben and at that time, the accused no.1 bit the complainant on her right hand and also gave kick and fist blows to the complainant; that the husband of the complainant called police and therefore the police came and opened the main door which was locked and took Dhartiben to the police station and when the complaint of Dhartiben was noted down, at that time, the complainant was at Deesa government hospital for her treatment and the complainant is giving the present FIR after taking primary treatment from government hospital. It is this FIR which is prayed to be quashed qua the present applicant by filing this application.

(3.) Heard learned advocate Mr.Anuraj Rathore for the applicant and learned APP Mr.Soaham Joshi for respondent no.1-state. Though rule is served, none appears for respondent no.2.