Gujarat High Court
Mohit Kishan Verma vs State Of Gujarat on 24 February, 2025
NEUTRAL CITATION
R/CR.MA/18110/2021 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18110 of 2021
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MOHIT KISHAN VERMA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DIGPALSNGH H RATHORE(8083) for the Applicant(s) No. 1
MR HARSHIL G BHAVSAR(11263) for the Respondent(s) No. 2
MR RUTURAJ NANAVATI(5624) for the Respondent(s) No. 2
MR MEET THAKKAR, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/02/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice for respondent No.1 and learned advocate Mr.Ruturaj Nanavati waives service of Rule for respondent No.2.
2. By this application under Section 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seeks quashing of the FIR registered as C.R. No.11191040210528 of 2021 with Sardarnagar Police Station, Ahmedabad for the offence punishable under Sections 294(b), 507 and 114 of the Indian Penal Code and further proceedings arising thereof.
3. In offence punishable under Sections 294(b), 507 and 114 of the Indian Penal Cod, when matter is taken up for hearing, learned advocate for the petitioner is absent.
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4. Heard learned APP Mr.Thakkar for the respondent - State and learned advocate Mr.Ruturaj Nanavati for respondent No.2 - first informant.
5. Having noticed the facts of the FIR, what could be understood that a dispute of the civil nature has been given colour of criminality. The facts coming from the FIR indicates that certain ladies garments were sold by the first informant to the accused and he was not giving back the amount of goods sold. It is also alleged that when the amount of goods sold was asked, accused have spoken filthy language and given threats of dire consequences. As such, offence under Sections 294(b), 507 and 114 of the Indian Penal Code has been alleged against the petitioner.
6. Taking the FIR on its face value, neither the contents of Section 294(b) nor contents of Section 507 which is punishment for anonimus communication through which criminal intimidation has been caused are proved or established. In view of such, continuation of FIR would be an absurdity and putting the accused for such trial could be abuse of process of law.
7. While referring the judgment of Hon'ble Supreme Court in case of State of Haryana and others vs. Bhajan Lal and others
- 1992 Supp (1) SCC 335, I find it a fit case to exercise the inherent jurisdiction to quash and set aside the impugned FIR under Section 482 of Cr.P.C. Accordingly, the present petition is allowed. The FIR registered as C.R. No.11191040210528 of 2021 with Sardarnagar Police Station, Ahmedabad for the offence punishable under Sections 294(b), 507 and 114 of the Indian Page 2 of 3 Uploaded by GAURAV J THAKER(HC00951) on Mon Feb 24 2025 Downloaded on : Mon Feb 24 22:30:33 IST 2025 NEUTRAL CITATION R/CR.MA/18110/2021 ORDER DATED: 24/02/2025 undefined Penal Code and further proceedings arising thereof qua the petitioner is hereby quashed. Rule is made absolute. Direct service is permitted.
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