IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL, J.
LABHENDRABHAI RAMJIBHAI UMRETHIYA(PATEL) – APPELLANT
Versus
STATE OF GUJARAT & 1 OTHER(S) – RESPONDENT
CRIMINAL MISC.APPLICATION NO. 8696 of 2018 With CRIMINAL MISC.APPLICATION NO. 12538 of 2018 With CRIMINAL MISC.APPLICATION NO. 1424 of 2018 With CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2018
Decided On : 03-12-2021
Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Section 504, 506(2) and 114 – Offence of Intentional insult with intent to provoke breach of the peace and criminal intimidation – Sought for Quashment of FIR - Dispute involved is between members of a housing society and on a similar issue i.e. with regard to nurturing stray dogs within housing society, therefore petitions are taken up for hearing together though Quashment of three different FIRs have been sought for by respective petitioners - A quarrel resulted in lodging of cross FIRs after substantial delay - Held, Court finds that complainant and/or other witnesses have actually not suffered any threat or alarm, which is a necessary concomitant for commission of offences under Section 504 and 506(2) of IPC. Therefore, no useful purpose would be served to keep other FIR pending - Complainant and her family members appear to be nature lovers who take care of stray dogs. While the complainant in both these complaints is well within her rights to rear dogs stray or otherwise within her home/compound subject to condition that due care should be taken that dogs do not cause any nuisance or harm to any person/property - At same time, accused party would be well within their rights to complain/take appropriate steps in accordance with law, if any dog being reared/nurtured by complainant causes any nuisance/harm to any person or property - FIRs and all other proceedings quashed - Criminal Misc. Application are allowed.
JUDGMENT :
NIKHIL S. KARIEL, J.
1. These three applications are filed under Section 482 of the Code of Criminal Procedure, 1973 before this Court by various applicants seeking to quash the following FIRs and all other proceedings pursuant thereto:
| Cr.M.A. No. | Applicant | FIR | Offences |
| 8696/2018 | Labhendrabhai Ramjibhai Umrethiya (Patel) | II CR No.3/18 with Changodar Police Station dated 9.1.2018 | Sections 504, 506(2) and 114 of IPC |
| 1424/2018 | Minaxiben Kanaiyalal & 2 others | II CR No.4/18 with Changodar Police Station dated 9.1.2018 | Sections 504, 506(2) and 114 of IPC |
| 12538/2018 | Labhendrabhai Ramjibhai Umrethiya (Patel) | II CR No.83/18 with Changodar Police Station dated 23.6.2018 | Sections 428, 429, 294B, 506(2) and 114 of IPC and Section 11(1)(a) of the Prevention of Cruelty to Animals Act |
2. It appears that the dispute involved is between members of a housing society and on a similar issue i.e. with regard to nurturing stray dogs within the housing society, therefore the petitions are taken up for hearing together though quashment of three different FIRs have been sought for by the respective petitioners. It would be further pertinent to mention that vide an order dated 21.1.2019 all the petitions were directed to be heard together.
3. The short facts leading to the present applications are that the parties reside in the same society, i.e. Meadows-II, Gokuldham, Near Eklavya School, Sanathal, Ahmedabad. The dispute between the parties seem to be about nurturing stray dogs in the society and quarrel ensued on 8.1.2018 at 17.30 hours between the parties. Such a quarrel resulted in lodging of cross FIRs after substantial delay on 9.1.2018. The cross FIRs i.e. II-CR No.3/18 and II-CR No.4/18 are for the offences under Section 504, 506(2) and 114 of IPC.
4. At the outset, learned Advocate Mr.Hriday Buch appearing with learned Advocate Mr.Hirak Ganguly on behalf of the complainant – Labhendra Ramjibhai Umrethiya (Patel), under the instruction, has declared before this Court that he has no objection if the FIR being II CR No.4/18 registered with Changodar Police Station and all other proceedings initiated pursuant thereto are quashed.
5. Having regard to the statement made by the learned Advocate Mr.Buch on behalf of the complainant - Labhendra Ramjibhai Umrethiya (Patel), under the instruction, the FIR being II CR No.4/18 registered with Changodar Police Station is quashed along with all other proceedings initiated pursuant thereto.
6. In view of the above, Criminal Misc. Application No.1424 of 2018 is disposed of as allowed. Rule is made absolute to the aforesaid extent.
7. So far as the other two FIRs i.e. II CR No.3/18 and II CR No.83/18 are concerned, the same are lodged by Minakshiben Kanaiyalal. The said FIRs are sought to be quashed at the instance of the accused - Labhendra Ramjibhai Umrethiya (Patel) and Kishorbhai Mottirambhai.
8. The Criminal Misc. Application No.12538 of 2018 has been preferred by the applicants for quashing and setting aside FIR being CR-II No.83/18 registered with Changodar Police Station, Ahmedabad (Rural) under Sections 428, 429, 294(KH), 506(2) read with Section 114 of IPC and Section 11(1)(a) of the Animal Cruelty Act.
9. The Criminal Misc. Application No.8696 of 2018 has been preferred by the applicant for quashing and setting aside FIR being CR-II No.3/18 registered with Changodar Police Station, Ahmedabad (Rural) under Sections 504, 506(2) read with Section 114 of IPC.
10. Learned Advocate Mr.Hriday Buch appearing with learned Advocate Mr.Hirak Ganguly on behalf of the applicants would submit that the applicants are senior citizens and have no antecedents of being involved in any criminal case herein before. Learned Advocate Mr.Buch would submit that the parties are residing in the same society and the present dispute has arisen out of a trivia
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