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.
NEUTRAL CITATION
R/CR.MA/18110/2021 ORDER DATED: 24/02/2025
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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
NEUTRAL CITATION
R/CR.MA/18110/2021 ORDER DATED: 24/02/2025
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Penal Code and further proceedings arising thereof qua the
petitioner is hereby quashed. Rule is made absolute. Direct
service is permitted.
(J. C. DOSHI, J)
GAURAV J THAKER
