RANABHAI BADHABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Chetna M. Shah, learned Additional Public Prosecutor waives service of notice of Rule for respondent No.1. Mr.Pawan A. Barot, learned advocate states that he has received instructions to appear on behalf of respondent No.2Complainant and has already filed his Vakalatnama in the Registry. He waives service of notice of Rule for respondent No.2 Complainant. Considering the facts and circumstances in which the matter arises, it is being heard and decided finally, at this stage, with the consent of the learned counsel for the respective parties.

(2.) This application under Section482 of the Code of Criminal Procedure, 1973 (the Code) has been preferred by the applicant with a prayer to quash and set aside the FIR, being C.R.No.II3102/2015 registered with Upleta Police Station, for offences under Sections 506(2) and 306 of the Indian Penal Code.

(3.) The case of the prosecution based upon the complaint filed by respondent No.2, on 15.06.2015, is that he is the joint owner of land admeasuring 20 Bighas in Isara village which belongs to four brothers, including him. The complainant received a phone call from his nephew Jitubhai Bhavanbhai when he was at Dahod on 14.06.2015, informing him that his brother Jamanbhai consumed poison and was admitted in Krishna Hospital. The complainant started back to his village on hearing the news and went to Krishna Hospital at Upleta, where he found his brother in unconscious condition. The complainant was informed by the wife of his brother that the applicant had earlier forced the deceased to sell the land to him and put only Rs.500/ in the pocket of the deceased. The deceased had told the applicant that the land is of the joint ownership, upon which the applicant told that it is not his lookout and forcefully gave Rs.500/ as token money to the deceased. It is further alleged that the applicant told the deceased that he will plough the land and make an Agreement to Sell which was not acceptable to the deceased. Initially, the complaint was filed under Section506(2) of the Indian Penal Code, but as the brother of the complainant had died during the treatment in the Hospital, Section306 of the Indian Penal Code came to be added.