NITIN UMARSHIBHAI BHANUSHALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present, application under Sec. 482 of the Criminal Procedure Code, 1973 is filed by the applicant - original accused No.1 for quashing and setting aside the impugned F.I.R. being C.R. No.I-8 of 2019 registered with Nirona Police Station, Kachchh for the offences punishable under Ss. 406, 420, 323, 294(B), 506(2) and 114 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and Ss. 3(1)(r)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case as per the case of the applicant in this application are as such that complainant took a loan of Rs.5,73,758.00 on 7/11/2007 and out of the said amount, a tractor was purchased, the tractor is as on date also running in the name of the complainant. Complainant sold the tractor to the applicant for consideration of Rs.60,000.00 and executed an agreement. The complainant and Babu Mura Maheshwari went to the House of the applicant and demanded Rs.25,000.00 and asking him to pay the instalments, however, the complainant and other person were attacked and abused, for which they had taken treatment. Thereafter the complainant made applications and therefore the applicant on 26/6/2019 executed an agreement and paid Rs.25,000.00. Hence, the impugned F.I.R. being C.R. No. 1-8 of 2019 was lodged for the offences punishable under Ss. 406, 420, 323, 294B, 506(2) and 114 of Indian Penal Code, 1860, and Ss. 3(1)(r), (s), 3(2)(5)(a) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

(3.) Heard Mr. Darshan M. Varandani, the earned counsel for the applicant, Mr. Harshad K. Patel, the learned counsel for the respondent No.2 - complainant and Mr. Soaham Joshi, the learned Additional Public Prosecutor for the respondent No.1 - State.