VIPULBHAI DAHYABHAI GAJIPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Anik S.Timbalia appearing for the applicants-accused and learned APP Ms.Krina P.Calla appearing for the respondent no.1 - State.

(2.) By way of preferring the present application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants seek to invoke the inherent powers of this Court praying to quash and set-aside the First Information Report being C.R. No.11210050211310 of 2021 registered with the Rander Police Station, Surat, for the offences punishable under Ss. 387, 342, 323, 504, 506(2), 120B and 201 of the Indian Penal Code and under Ss. 25(1)(A) and 27 of the Arms Act, as well as the proceedings of the Sessions Case No.150 of 2022 pending before the learned 11th Additional District and Sessions Judge, Surat.

(3.) Learned advocate Mr.Anik S.Timbalia appearing for the applicants-accused has submitted that there is no evidence against the present applicants-accused, and they have been falsely implicated in the alleged offence. He has further submitted that the impugned FIR was filed by the complainant on misconception of facts and, therefore, the complainant has also filed an affidavit dtd. 11/1/2026, inter alia stating that the matter has been amicably settled, and he has no objection if the FIR is quashed and set-aside qua the present applicants.