SHYAMRAJ DEVNATH MAURYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure,1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-60 of 2016 registered before the Nikol Police Station for the offence punishable under Sec. 306, 386, 406, 420, 506(1), 294(B) read with Sec. 114 of the Indian Penal Code.

(2.) The case of the prosecution may be summarized as under;

(3.) Learned senior advocate Mr. J.M. Panchal assisted by learned advocate Mr. K.J. Panchal appearing for the applicants submits that the applicants herein are innocent and they have been falsely implicated in the present case, and as such, looking to the contents of the FIR, the same is nothing but a gross abuse of process of law. Learned senior advocate Mr. Panchal further submits that as per the case of the prosecution, as alleged in the FIR, the deceased borrowed money from accused No.1 on interest basis, and that he had already paid a huge amount of interest to the accused No.1 and despite the same, they are demanding more money from him, due to which the deceased started living under pressure, and ultimately, at the end of day, he has committed suicide. Learned senior advocate Mr. Panchal also submits that the applicants herein, as per the FIR itself, were known to the deceased, and therefore, they lend their hands to help the deceased to come out from this circle of interest, for which, they mutually agreed to enter into sale transaction in respect of the property of the deceased, and as per the mutual understanding, the applicants shown their willingness to buy the house of the deceased. The applicants, accordingly, purchased the house of the deceased by paying the total sale consideration of Rs.40,00,00.00, which is clearly evident from the sale deed duly executed by the deceased in favour of the applicant No.1. However, as the deceased rendered homeless, due to cordial relationship between the applicant No.2 and the deceased, the applicants allowed him to stay in the said house as the tenant.