YUNUSHBHAI UMARBHAI MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Chetna M Shah, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No.1­State of Gujarat. Mr. Kalrav R Patel, learned advocate, waives service of notice of Rule for respondent No.2.

(2.) This application under Section 482 of the Code of Criminal Procedure,1973, has been preferred with the prayer to quash and set aside the First Information Report being I­C.R.No.113 of 2013 registered with Anand Town Police Station on 05.07.2013 for offences punishable under Sections 324,504 and 506(2) of the Indian Penal Code.

(3.) The case of the prosecution, in brief, is that respondent No.2(complainant) has alleged in the complaint that he had purchased an office bearing No.S­5,S­6 and S­7 and renovation work was going on in the said premises. A quarrel took place between the complainant and the applicant for the construction of a wall. It is alleged that the applicant assaulted the complainant with a small hammer and caused injury on his head. Under the circumstances, the First Information Report came to be filed.