(1.) 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 F.I.R bearing C.R. No.38 of 2015 registered with the Dhoraji Police Station, District Rajkot for the offence punishable under section 306 read with section 114 of the IPC.
(2.) The case of the prosecution may be summarized as under:
(3.) The learned counsel appearing for the applicant submitted that even if the entire case of the first informant is believed or accepted to be true, none of the ingredients to constitute the offence punishable under section 306 of the IPC or spelt out. There were certain disputes inter-se between the accused persons and the deceased, but they were not of such a nature which could be termed as 'instigation' within the meaning of section 107 of the IPC. To put it in other words, whatever has been alleged would not constitute an offence of abetment punishable under section 306 of the IPC. In such circumstances referred to above, the learned counsel appearing for the applicant prays that there being merit in this application, the F.I.R be quashed.
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