A dispute that is mainly civil in nature cannot attract the provisions of the Indian Penal Code, 1876: Gujarat High Court quashes an FIR registered against the applicants
Govindbhai Arjanbhai Divani … vs State Of Gujarat
12 June, 2023
Bench: Sandeep N. Bhatt
R/CRIMINAL MISC.APPLICATION NO. 7868 of 2021
Facts
By way of present application, the applicants seeked quashment of the impugned FIR being for the offences punishable under Sections 323, 324, 504, of the Indian Penal Code. Section 323 deals with punishment for voluntarily causing hurt. Section 324 deals with voluntarily causing hurt using dangerous weapons. Section 504 deals with intentional insult with intent to provoke breach of the peace. Section 506(2) deals with punishment for criminal intimidation
The brief facts of the case were that the complainant had approached the accused No.1 – applicant No.1 at his office for the outstanding amount for the labour work done by him before about ten years. The complainant went to the office of the accused and demanded such amount. Thereafter, a scuffle happened and the complainant suffered an injury during such incident and thus an FIR came to be registered.
The Learned Additional Public Prosecutor strongly opposed the application. He submitted that there was recovery and discovery regarding weapons – stick / knife used in the offence. He also submitted that the medical certificate shows that the complainant received injuries.
Judgement
The Court, after going through the facts and circumstances held that there was no need for independent eye witness to the incident. The whole dispute between the parties appeared to be civil and discipline. Nowehere once did it appear that either of them would strike on the other. Hence, the Court held that the FIR had been registered falsely and thus quashed it.
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Written by- Aadit Shah