RUPESHBHAI BALCHANDRA BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed for quashing and setting aside the impugned F.I.R. being I-C.R.No. 41 of 2016 dated 08.06.2016 for the offences punishable under Sections 406, 409, 408, 420 and 120(b) of the Indian Penal Code, 1860 (for short "the IPC") registered with G.I.D.C. Vatva Police Station, District: Ahmedabad as well Charge sheet No. 60 of 2016 dated 29.10.2016 and the proceedings culminated in Criminal Case Nos.500 and 1743 of 2016 pending before the Additional Chief Metropolitan Magistrate Court No. 5, Gheekanta, Ahmedabad.

(2.) The brief facts leading to the filing of the present petition are as under:-

(3.) Learned advocate Mr. Jayant Panchal appearing for the writ applicants has submitted that no case is made out against the applicants as alleged in the FIR. Even assuming without admitting the allegation leveled in the First Information Report to be true, it leads to breach of the Contract, if any, i.e. tripartite agreement, for which no criminal offence is committed by the applicant. He has submitted that the action of registration of the FIR is absolutely a civil dispute and the same is filed only to misuse the police machinery with a view to settle their other disputes and, therefore, the FIR is required to be quashed and set aside. It is further submitted that the aforesaid fact that the dispute between the petitioners and the complainant is a civil dispute is further fortified by the fact that the complainant has already preferred Commercial Suit No. 321 of 2016 before the Commercial Court for appropriate relief.