INDRAJITSINH MERUBHA JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.L.B.Dabhi, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No.1. Mr.Ashish M. Dagli, learned advocate states that he has received instructions to appear on behalf of respondent No.2Complainant and would be filing the Vakalatnama in the Registry, during the course of the day. He is permitted to do so. He waives service of notice of Rule for respondent No.2 (complainant). On the facts and in circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided finally.

(2.) THIS application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) has been preferred with a prayer to quash and set aside the FIR being C.R.No.I53/2015 registered with Kamlabaug Police Station, Porbandar, for offences punishable under Sections 323, 325 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act, on 08.6.2015.

(3.) IT is the case of respondent No.2Complainant that on 08.06.2015, at about 3.00 p.m., the complainant had gone to attend the afterdeath ceremony of one Bachubhai, who had passed away. During that period, he received a phone call from applicant No.1 informing him that some unknown persons are quarreling with him. The complainant, therefore, went to the office of applicant No.1 where applicant No.2 was also present, as were some unknown persons. It is the case of the complainant that the applicants had wooden sticks in their hands and were quarreling with an unknown person. When the complainant tried to intervene, he received an injury on his right hand with a stick. Thereafter, the complainant went to the Hospital and it was discovered during treatment that he had suffered a fracture. Under the circumstances, the complaint came to be made, on the basis of which the FIR in question has been registered.