GITA GOPI
Mohmad Rizwan Aiyub Limbada – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The aforesaid applications have been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIRs being C.R. Nos.11199050200173/2020, 11199050200170/2020 and 11199050200170/2020 respectively registered before Valia Police Station, Dist.: Bharuch for offences punishable under Sections 143, 147, 148, 149, 323, 324, 354, 427, 504, 506(2), 188 of the Indian Penal Code, Sections 135 & 139 of the G.P.Act, Section 51(B) of Disaster Management Act and Section 3 of Epidemic Diseases Act.
2. It is submitted by Mr.A.V.Agrawal, learned advocate and Mr.M.M.Saiyed, learned advocate appearing on behalf of the respective applicants that the impugned FIRs which are sought to be quashed, have arisen out of the common incident and both are cross case.
3. The issue was regarding monetary transactions which had taken a sour turn leading to filing of FIRs during the Covid, hence, apart from the Sections of IPC, Section 51(B) of the Disaster Management Act and Epidemic Disease Act have been invoked.
4. Both the Advocates submit that the accused and the complainant of both the matters are knowing each other and the parties have settled the dispute amicably outsi
State of Haryana Vs. Bhajan Lal and others
Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303
State of Madhya Pradesh vs. Laxmi Narayan and others reported in (2019) 5 SCC 688
The Court can exercise inherent powers under section 482 of the Cr.P.C. to quash proceedings based on a settlement between the parties, especially in cases with a private or civil nature, to prevent ....
whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC
Admittedly, the dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime. In view of the settlement arrived at between the p....
Dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime
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