RANJEETBHAI DANBHAI JEBALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC" for short), the applicants have prayed for quashing and setting aside First Information Report being C.R. No.II-215/2016 registered with Botad Police Station for the offences under Ss. 506(2) and 114 of the Indian Penal Code (hereinafter referred to as "IPC" for short").

(2.) Heard learned advocate, Mr. Nipul Gondaliya for the applicants and learned APP Mr. Dhavan Jayswal for the respondent no.1 - State of Gujarat. Though served, none appears for the respondent no.2.

(3.) Learned advocate submitted that the present application has been preferred for quashment of the impugned FIR registered against the applicants herein, wherein at the time of issuance of Rule, the applicants have been protected by passing an order of no coercive steps, however, it was directed to carry out investigation. Learned advocate submitted that the impugned FIR is a counter blast to the FIRs registered by the applicants against the complainant and others. Learned advocate submitted that in fact, the applicants and the respondent no.2 are the neighbours and are residing in adjoining area. Learned advocate submitted that the complainant and his family members are indulged into illegal activities and when the said fact came to the notice of the applicants, they have informed the said fact to the concerned police station and on the strength of the information forwarded by the present applicants, FIR has been registered against the complainant side. Learned advocate submitted that keeping grudge about the registration of the FIR against the complainant side, the complainant and others had gone to the house of the present applicants on 13/5/2016 and administered threats to the applicants and other family members, therefore, the applicants have lodged FIR being C.R. No.I-87/2016 with Botad Police Station for the offences under Ss. 447, 323, 504, 506(2) and 114 of the IPC and under Sec. 135 of the Gujarat Police Act on against those persons on the very same day i.e. on 13/5/2016 and immediately after two days of the said incident, once again the complainant side have formed an unlawful assembly and reached the house of the applicants with deadly weapons and they have made daring attack upon the family members of the applicants and because of the said incident, the applicants have lodged another FIR being C.R. No.I-92/2016 with Botad Police Station for the offences under Ss. 323, 324, 504, 506(2), 147, 148, 149, 427 and 452 of the IPC, under Sec. 25(C) of the Arms Act and under Sec. 135 of the Gujarat Police Act on 15/5/2016 and because of the above facts, there were inimical terms between them. Learned advocate submitted that therefore keeping in grudge about the registration of the aforesaid FIRs, after certain period of time by creating false and fabricated incident, bogus complaint has been registered against the applicants specifically stating that on a particular place, threat was administered by the applicants to the complainant and they were terrorized due to said act of threat administered by the applicants. Learned advocate submitted that so far as the FIRs filed by the applicants as well as other family members of the applicants against the complainant side are concerned, the IO had carried out investigation and ultimately, chargesheet had been filed against those accused persons. Learned advocate submitted that during the pendency of the present application, certain further facts have come on surface that one application in the form of complaint filed by one of the employees of the complainant by narrating the incident of facts of abduction/ kidnapping of the family members of the said employee by the applicants and his associates and in pursuance to the said application, the accused mentioned in the said application were called in the police station for recording their statements and after recording the statements of the accused and after considering the veracity of the statements of the accused persons as well as the applicants, the concerned IO came to a conclusion that with sole intent to derail the investigation in connection with the FIRs registered against the complainant side, a false and fabricated version in the form of complaint has been given by the employee of the complainant and during the course of investigation, it is revealed that the said concocted story is generated by the said applicant (employee) at the instance of the complainant, therefore, the concerned Investigating Officer had instituted chapter case against the said applicant and he was arrested and subsequently produced before the Executive Magistrate and released on bail. Learned advocate submitted that the proceedings against the said applicant (employee) have been initiated under Sec. 107 of the CrPC on the strength of the guilt admitted by him before the concerned authority and at the time of admitting guilt, the said applicant has fairly and candidly accepted his fault stating that his employer (the complainant herein) had told him to narrate the said fact before the police officer and, hence, he had filed the said application. Learned advocate submitted that considering the above factual aspects, it is clearly found out from the record that with sole intent to harass the applicants, a concocted story has been created by the complainant and FIR has been filed, therefore, the proceedings are required to be quashed and set aside as continuation of the proceedings would clearly tantamount to abuse of the process of law. Learned advocate further submitted that on the strength of the above factual aspects, it is clearly found out that with sole intent to harass the applicants, a concocted story has been created by the complainant and FIR has been filed. Learned advocate submitted that though the incident has occurred at about 9 O'clock in night hours in public place, name of any independent witness has not been mentioned in the entire body of the complaint, which clearly goes on to show that the registration of impugned FIR against the applicants is nothing but an abuse of the process of law and same is filed as a counterblast to the FIRs lodged by the applicants.