ALPESH BABUBHAI VEKARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. is filed to quash and set aside FIR being C.R.No.II-50 of 2014 registered with Varachha Police Station for the offence under Sec. 323, 504 , 506(2), 427 and 114 of Indian Penal Code.

(2.) Heard learned advocates for the parties.

(3.) Essentially, the petition is filed seeking quashment of FIR filed for the offence under Sec. 323, 504, 506(2), 427 and 114 of IPC. Learned advocate Mr.Kamdar for learned advocate Mr.Dagli for the petitioner having referred to FIR would submit that FIR even taken on its face value failed to establish offence as alleged in the FIR. He would submit that FIR indicates accused during excitement spoken filthy language and one of the accused slapped and main-while, motorcycle was thrown on the road. He would submit that prior to filing of FIR Civil Suit was filed by sister of one of the accused being Regular civil Suit No.145 of 2013 before the learned Court, Surat seeking possession of disputed premises from first informant and during panchakiyas, present petitioner has made some alteration. Proceedings were filed against first informant. This FIR appears to be counter blast to the civil litigation filed by sister of one of the accused. Learned advocate Mr.Kamdar for the petitioners referred to judgment of Co-ordinate Bench in Criminal Misc. Application No.12768 of 2012 and submitted that in absence of any essential ingredient of offence as alleged in the FIR, putting petitioners to trial would be absurd process. Therefore, he submitted to allow the petition.