Gujarat High Court
Kattula Kumar Venkanna vs State Of Gujarat on 19 September, 2025
NEUTRAL CITATION
R/CR.MA/13508/2020 ORDER DATED: 19/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 13508 of 2020
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KATTULA KUMAR VENKANNA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
ADVOCATE NOTICE SERVED for the Respondent(s) No. 2
MR. CHINTAN DAVE ADDL,PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 19/09/2025
ORAL ORDER
1. The petition under Section 482 of Criminal Procedure
Code is filed seeking following reliefs :
(a) To quash and set aside the First Information Report
dated 06/09/2020 being CR No. 11993006201925 of
2020 registered with "A" Division Gandhidham Police
Station, Kachchh (East) Gandhidham under Sections 306,
114 of the Indian Penal Code, 1860 and Section 3(2) (v) of
The Scheduled Castes and Tribes (Prevention of Atrocities)
Act, 1989 and to pass all incidental and consequential
orders as may be deemed fit and proper.
(b) Pending admission, final hearing and disposal of this
petition, to stay further proceedings of First Information
Report dated 06/09/2020 being CR No. 11993006201925
of 2020 registered with "A" Division Gandhidham Police
Station, Kachchh (East) Gandhidham under Sections 306,
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114 of the Indian Penal Code, 1860 and Section 3(2) (v) of
The Scheduled Castes and Tribes (Prevention of Atrocities)
Act, 1989.
(c) To pass any other and further orders as may be deemed
fit and proper.
(d) To provide for the cost of this application.
2. Learned advocate Mr. Hiren Modi submits that
similarly situated accused Kiranbhai Himmatlal Gadvi has
been given relief of quashing by this Court by passing order
in Criminal Misc. Application No. 13760 of 2020 on
24.2.2025. He would submit that the role of the petitioner in
the alleged commission of offence is similar and here also it
alleges that the petitioner lend money to the deceased and
since he could not pay the money back to the petitioner he
had committed suicide.
2.1 Learned advocate Mr. Hiren Modi would submit that
since the petitioner belongs to the SC/ST the offence under
the provisions of the Scheduled Castes And The Scheduled
Tribes (Prevention Of Atrocities) Act, 1989, (for short " the
Atrocties Act") would not apply.
2.2 In view of the aforesaid submissions, he would submit
to allow petition.
3. Learned APP on the other side submit that the police
has not invoked the Section against the Atrocities Act as the
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R/CR.MA/13508/2020 ORDER DATED: 19/09/2025
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petitioner also belongs to the SC/ST community.
4. Learned APP submits that there is difference in
amount lend to the deceased by Kiranbhai Himmatlal Gadvi
whereby the present petitioner was demanding Rs. 11 lakhs
of amount including the interest from the accused.
4.1 In the circumstances, he would submit to pass
necessary order.
5. Having heard learned advocates for both the sides and
having considered the factual aspects of the case, what
could be noticed is that except the difference in amount lent
to the deceased, the role of the petitioner and Kiranbhai
Himmatlal Gadvi who is also arraigned as an accused also
stands in a similar footing. This Court by detailed order on
24.2.2025, quashed the FIR against Kiranbhai Himmatlal
Gadvi another accused in the FIR. According to the
prosecution the petitioner has lent more money and was
demanding Rs. 11 lakhs including the interest from the
deceased as against that the accused Kiranbhai Himmatlal
Gadvi against whom the FIR has been quashed. He was
demanding Rs. 8 lakhs an odd amount. According to this
Court the reasons assigned in the judgment of Criminal
Misc. Application No. 13760 of 2020 for quashing the
accused Kiranbhai Himmatlal Gadvi paripasu applies to the
present petition and accordingly this petition also deserves
consideration to quash the questioned FIR.
6. It is noticed that since the petitioner also belonged to
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R/CR.MA/13508/2020 ORDER DATED: 19/09/2025
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the SC/ST community, the offence under the Atrocities Act
has not been invoked against the petitioner which leaves the
offence under Section 306 and 114 of the Indian Penal Code
against the petitioner.
7. Adopting the reasons assigned by the Court in
Criminal Misc. Application No. 13760 of 2020 for quashing
the FIR against another accused Kiranbhai Himmatlal
Gadvi, this Court allows this petition and to quash the FIR.
8. Resultantly this petition is Allowed. The impugned
FIR bearing C.R No. 11993006201925 of 2020 registered
with 'A' Division Gandhidham Police Station and all the
consequential proceedings arising from the same FIR qua
the petitioner is quashed and set aside.
(J. C. DOSHI,J)
MARY VADAKKAN
