GAMBHIRSINH MOVTAJI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned APP Ms.Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Ms.Priyanka P.Thakkar waives service of notice of rule for and on behalf of the respondent nos.2.1 to 2.5 (i.e. the heirs of the original complainant).

(2.) By way of preferring the present application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the present applicant (i.e. the original accused no.1) seeks to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report No.11209014230242 of 2023 lodged before the Gambhoi Police Station, District Sabarkantha, for the offences punishable under Ss. 306, 504 and 114 of the Indian Penal Code (corresponding Ss. 108, 352 and 54 of the Bharatiya Nyaya Sanhita, 2023).

(3.) On 21/4/2023, the complainant (i.e. the son of the deceased Bhathiji Ranaji Parmar) had lodged a complaint before the Gambhoi Police Station, District Sabarkantha, inter alia, stating that his grandfather had mortgaged the agricultural lands known as 'Navsariwalu khetar' and 'Limdiwalu khetar' to the present applicant - Gambhirsinh Movtaji Parmar for a consideration of Rs.16,000.00.00.00.00=00. It is stated that the deceased father of the complainant was often visiting the applicant for release of the said mortgage, however, the applicant was neither accepting the amount nor releasing the mortgage. It is alleged that the applicant had even tried to cause injury to the deceased father of the complainant, therefore, his father was disappointed.