BHUPENDRABHAI NATWARLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present writ application, the applicant - original accused seeks quashing of First Information Report (F.I.R.) being C.R. No.II-?154 of 2015 registered with Raopura Police Station, Vadodara City, Dist. Vadodara for the offences punishable under sections 506(2) , 294(2) and 509 of the Indian Penal Code, 1860 ( IPC ) and the proceedings arising therefrom.

(2.) The facts of the case as mentioned in the memo of application are as under:

(3.) Learned advocate appearing on behalf of the applicant has submitted that the allegations made in the F.I.R. are to the effect that the applicant misbehaved with the complainant after the mediation proceedings in the aforesaid suit failed. He has submitted that the complainant in the F.I.R. clearly states that the applicant has used unparliamentary language against the complainant. He has submitted that mediation sittings were organized on three dates i.e. 08.04.2015, 15.04.2015 and 17.04.2015 and on the last day i.e. on 17.04.2015 the said incident has happened. He has submitted that, as per the complainant, the incident had allegedly taken place around 4:00 p.m. and that the impugned F.I.R. has been lodged at around 9:15 p.m. He has submitted that the impugned F.I.R. is nothing but an afterthought with a view to impound the passport of the applicant. Learned advocate has further submitted that the lawyers of both sides were also present after the mediation proceedings and also large number of people were there and hence, it is improbable to believe that such an incident of misbehaviour with the complainant by the applicant would have taken place.