HITESH MAFATLAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed by the applicant/accused no.2 under section 482 of the Code of Criminal Procedure, 1973 (for brevity "CrPC") praying to quash and set aside the complaint, being C.R. No. I-398 of 2012 registered with Vatva Police Station for an offence punishable under Sections 384 and 114 of the Indian Penal Code as well as other consequential proceedings arising out of the aforesaid FIR, qua the applicant.

(2.) Brief facts of the complaint are that the complainant is in the business of building construction. The complainant started construction works for the residential scheme-Hill Park Residency at Vatva. In the month of October 2011, the coaccused Vicky Chimanbhai Patel alongwith Rajendra Patel approached the complainant and threatened him of taking legal actions, by claiming that land in question belongs to his grandfather. Later on, the said co-accused filed a Civil Suit No. 2710 of 2011 and after filing of the suit, as per allegation levelled by complainant, the said accused along with the applicant approached the complainant before atmost 5 months prior to filing of the complaint and threatened him for extortion and that is how, the impugned complaint came to be filed.

(3.) Heard learned advocate Mr. MB Rana appearing on behalf of the applicant and learned advocate Mr. MI Saiyed for Mr. Mayur Rajguru appearing on behalf of the respondent no.2 and learned APP Mr. KL Pandya appearing on behalf of the respondent no.1.