NASIR USMAN SHAIKH Vs. STATE OF GUJARAT &

JUDGEMENT

(1.) RULE returnable forthwith. Mr.D.M.Devnani, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Y.J.Patel, the learned counsel has appeared and waives service of notice of rule for and on behalf of the respondent no.2 - original first informant.

(2.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being I-CR No.215 of 2017 lodged with the Kamrej Police Station, District Surat, for the offences punishable under Sections 307 , 504 , 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(3.) The respondent no.2 - original first informant is the wife of the applicant herein. The parties before me have three children. The elder daughter by name Nazmin aged 9 years is studying in Std.IV in the M.M.Mulla Kathor School, the second daughter by name Suhana aged 8 years is studying in Std.III in the M.M.Mulla Kathor School and the youngest is the son by name Mohammad Faizan aged 4 years is studying in a nursery. The applicant plies an auto-rickshaw to earn his livelihood. On