SHOAIB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petitions have been filed by the petitioners for quashing of FIR No. 293/2022 registered at Police Station Marwar Junction, Pali for offence under Sec. 147, 148, 341, 323, 307, 149 IPC.

(2.) Brief facts of the case are that an FIR No. 293/2022 came to be lodged by the complainant against the petitioners for offence under Ss. 147, 148, 341, 323, 307 and 149 IPC stating therein that the complainant alongwith her husband Imran Khan, brother-in-law Tajuddin and Rais Khan went to the court located at Marwar Junction. While returning to home, the accused persons came on motorcycle and four wheeler, armed with deadly weapons Lathi, Dharia, knives etc with common intention of killing, mercilessly attacked them due to which all three of them sustained grievous injunction. After ten days, Tajuddin died and offence of Sec. 302 IPC was included.

(3.) Counsel for the petitioners submits that the petitioners have been falsely implicated in this case. It is argued that it is merely a case of accident in which the vehicle of the complainant collided with the vehicle of the petitioners. The vehicle was being driven by Firoz and other persons who were going to their relatives for attending a function. Due to the accident, the complainant party received some injuries but the complainant has tried to give it a color of intention to kill the complainant. It is argued that the accident took place due to negligence of the driver i.e co-accused Firoz and the present petitioners have been falsely implicated in this case attributing the injuries to them whereas, no weapon was used by the petitioners. It is further argued that independent witnesses Lumba Ram, Maga Ram, Hema Ram and Bhupendra Singh have not named the present petitioners. Thus, the complainant only with a view to harass and pressurize the petitioners due previous enmity, has filed the present FIR. Therefore, it is prayed that the FIR may be quashed.