The Gujarat High Court concludes that the impugned FIR is an abuse of process and an attempt to harass the applicant. Therefore, the court exercises its powers and quashes the FIR and all subsequent proceedings.
Case- Shailesh Kalidas Bharwad vs State Of Gujarat (R/CR.MA/15849/2018 )
Decided on: 27th June 2023
CORAM: HON’BLE Justice Sandeep N. Bhatt
Introduction
This application is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash and set aside an FIR registered with the Ramol Police Station in Ahmedabad. The FIR accuses the applicant of offences under Sections 323, 294(b), 506(2), and 114 of the Indian Penal Code (IPC), as well as Section 135(1) of the Gujarat Police Act.
Facts of the Case
The dispute arose between the applicant and the neighbour, respondent No. 2, over a road adjacent to their houses. On September 11, 2016, the applicant allegedly confronted respondent No. 2 and verbally abused and physically assaulted him. Two unknown individuals accompanying the applicant also attacked respondent no.2. The applicant and the two unidentified persons fled the scene when respondent no.2 began shouting. Respondent No. 2’s friend took him to the hospital for treatment, and the impugned FIR was subsequently filed.
The applicant argues that the FIR is filed with malicious intent, as it stems from a civil dispute between the applicant and Lalbhai Revabbhai Bharwad, the cousin brother of the complainant in this case. The civil suit related to the same argument was dismissed for want of prosecution. The applicant contends that the present complaint is an abuse of process and an attempt to pressurise and harass the applicant.
The learned advocate for the applicant relies on witness statements indicating that these witnesses arrived at the scene after the incident and did not witness it themselves. Based on this, the applicant argues that the complainant filed the complaint to give a criminal colour to the civil dispute. Therefore, the court should exercise its inherent powers under Section 482 of the Code to quash the FIR.
On the other hand, the learned advocate for the respondent-state argues that the allegations in the FIR, if taken at face value, constitute offences under Sections 323, 294(b), and 506(2) of the IPC. Since the chargesheet has already been filed, the respondent contends it is inappropriate to interfere at this stage.
Judgement
After considering the arguments and examining the material on record, the court finds that the incident described in the FIR does not appear to constitute any offence and lacks credibility. The court observes that multiple complaints have been filed against the applicant, and those complainants are related to Lalbhai Revabbhai Bharwad. The court also refers to the Supreme Court’s judgment in the State of Haryana v. Bhajan Lal case, which provides guidelines for exercising inherent powers under Section 482 of the Code. The court concludes that the impugned FIR is an abuse of process and an attempt to harass the applicant. Therefore, the court exercises its powers and quashes the FIR and all subsequent proceedings.
In summary, the court allows the application and quashes the FIR registered against the applicant, along with all consequential proceedings.
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Written by- Aadit Shah