CHIRAG JAYESHKUMAR RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 482 of the Criminal Procedure Code, the applicant original accused has prayed for an appropriate order quashing and setting aside the complaint/FIR being C.R.No. I- 135 of 2007 registered with 'D' Division Police Station, Bhavnagar for the offences punishable under Sections 323, 324, 504, 506(2) of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(2.) It is the contention on behalf of the petitioner that as the complaint against his friend for the offences punishable under Sections 363 and 366 of the Indian Penal Code being CR.I.No. 112 of 2007 has been set aside by this Court by judgment and order dated 03.08.2007, present complaint/ FIR be also be quashed and set aside. It is also further submitted by the learned Advocate appearing on behalf of the petitioner that looking to the injuries, same are minor injuries and no serious injuries are caused to the complainant, therefore, impugned complaint is required to be quashed and set aside.

(3.) On the other hand Mr.M.R.Mengdey, learned Additional Public Prosecutor while opposing the present application has submitted that the facts of the present case and complaint/FIR being CR.No.I- 135 of 2007 cannot be compared with the facts of the complaint/FIR being C.R.No.I-112 of 2007. It is submitted that as the dispute in the complaint/FIR being CR.No.I- 112 of 2007 was matrimonial dispute, parties have settled the dispute and staying happily and even the original complainant of complaint/FIR being CR.No.I-112 of 2007 was satisfied, therefore, the said complaint was set aside considering the averments and allegation in that complaint.