KEYUR NITINBHAI SOMAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I - 212 of 2017 registered with Rajkot B Division Police Station, for the offences punishable under Sec. 306 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

(2.) Brief facts of the case are as under:-

(3.) That on 30/9/2017 her son Divyesh alongwith his friend who are studying together in the school at about 3 O'clock in the afternoon playing with camera which was rented by them. It is stated that at about 6 O'clock a phone call was received and the person to whom camera belongs he has asked to return the same and asked to keep with the adjoining shop owner. It is stated that after 3 days one Nirav who resides in Arjun Society along with his friend Keyur both came and informed that the camera which was taken by son of the complainant some damage was made and it was asked to deposit expenses of the same. It is stated that after 3/4 days Divyesh has informed that one Nirav used to call him frequently that there is no damage in the camera, in spite of the same Rs.6,000.00 is asked and the son Divyesh was pressurized to pay the amount. It is stated that mother has thereafter informed the son that since camera was taken on rent by all friends together the amount would be equally distributed and to pay the amount. It is stated that at about 4 O'clock again a phone call of Nirav came and Nirav was asked to come in the evening again he has requested to pay the amount of expenses of camera and if payment is not made threat was given. It is submitted that son of the complainant thereafter left and that on his phone ring was made; however nobody has lifted but subsequently the complainant came to know that Divyesh has committed suicide.