JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of respondent No.1 – State.

2. The present application is filed for seeking following reliefs:

(A) YOUR LORDSHIPS may be pleased to quash and set aside the criminal complaint being F.I.R C.RI No.10 of 2018 lodged before Chapi Police Station (at ANNEXURE-A hereto):

(B) During pendency and final disposal of the present application, YOUR LORDSHIPS may be pleased to stay further investigation and proceedings of F.I.R C.RI No.10 of 2018 Chapi Police Station (at ANNEXURE-A hereto);

(C) Such other and further relief's, as are deemed fit, in the facts and circumstances of this case make kindly be granted.”

3.1 Brief facts as per the case of the applicant in this application are as such that on 30/3/2018 the complainant had travelled from Siddhpur, District Patan to village:- Meta for settling the case which was filed earlier by the complainant wherein, it is reflected from the compliant that the applicant No.1 had informed him to come at hotel Taj as there is a crowd in village and therefore settlement talks would not be possible. Thereafter it is alleged that the applicant along with some unknown persons came with deadly weapons and alleged to have abused the complainant by caste as well as beaten him.

3.2 It is further the case of the applicant in this application that one applicant -Abbas Assamdi had snatched a golden chain as well as one Abbas Rasul had taken out an amount of 10580/- from his pocket. It is in this manner the aforesaid written compliant came to be registered against the applicant. Therefore the applicant prefers this application for quashing and setting aside the Criminal Complaint lodged before Chapi Police Station being C.R-1 No. 10 of 2018.

3.3 It is further the case of the applicant in this application the co-accused had preferred quashing petition before this Honourable Court being Criminal Misc. Application No. 7586 of 2018 whereby this Honourable Court (Coram:- Honourable Mr. Justice J.B Pardiwala) vide order dated 18/4/2018 was pleased to pass an order to not to take any coercive steps against the applicants (co-accused). It is further the case of the applicant in this application the whole compliant is bogus, concocted and got up compliant as no such incident had taken place. between the applicant and the complainant. The said fact can be easily ascertained from the fact that the allegation against Applicant is made of looting a golden chain, the applicant states that I had travelled abroad to Madinah for Haj on 23/3/2018 and the said incident is alleged to have taken place on 30/3/2018 which clearly shows that the whole compliant is a creativity of the complainant.

3.4 It is further the case of the applicant in this application that when the local villagers of village Meta came to know with regard to the said compliant, large number of villagers of different community had made representation to the District Superintendent of Police, Banaskantha on 4/4/2018 through Sarpanch of the village who also belongs to the community of the complainant that the said compliant is a false one and the said act is nothing but to pressurize the applicant pursuant to the earlier case. Hence, looking to the facts and circumstances of the case the compliant is required to be quashed and set aside by this Honourable Court.

3.5 It is further the case of the applicant in this application that even if the whole issue if accepted as gospel truth than also it had arisen with regard to settlement of a case; however, to implicate the applicant into more serious offences, the complainant had come with an allegation of dacoity and atrocity. Hence the compliant is required to be quashed and set aside by this Honourable Court. It is further the case of the applicant in this application that the complainant had also filed the complaint against the co-accused being C.R- I No. 55 of 2017 before Siddhpur Police Station for the offences punishable under sec