JUDGMENT :

J.C. DOSHI, J.

1. This petition is filed for quashing and setting aside the FIR being I-C.R. No. 15 of 2015 registered with Bilkha Police Station for the offence punishable u/s 304 of the IPC.

2. The petitioners under section 482 of the Code of Criminal Procedure, 1973 (in short “the Code”) seeks following reliefs:

“(A) This Hon’ble Court may be pleased to quash and set aside FIR being I-C.R. No. 15 of 2015 registered with Bilkha Police Station for the offence punishable u/s 304 of the IPC and the proceedings arising out from the said complaint.

(B) Pending the admission, hearing and final disposal of this application, this Hon’ble Court may be pleased to stay the further proceedings arising out of the complaint being FIR being I-C.R. No. 15 of 2015 registered with Bilkha Police Station for the offence punishable u/s 304 of the IPC.”

3. The facts giving rise to present petition succinctly stated that deceased Gandubhai Randhhodbhai was sitting on the agriculture implement attached with Massey Ferguson tractor, which was ridden by complainant Valjibhai Mavjibhai Dodariya. The complainant along with Vinubhai Babubhai Solanki was ridding this tractor into the agriculture field be