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HIGH COURT OF GUJARAT
JCD
BHARATKUMAR SHANTILAL DAVE – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
J. C. DOSHI, J.
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seeks quashing of the FIR registered as CR No.II-48 of 2017 registered with Unjha Police Station, Mehsana for the offence punishable under Sections 507 of the Indian Penal Code and further proceedings arising thereof.
2. Heard learned Advocates appearing for the respective parties.
3. Seeking quashment of the FIR filed under Section 507 of IPC, learned advocate Mr.S.S.Saiyed for the petitioner would submit that as per the FIR filthy and derogatory language was spoken on the Mobile No.9825250202 which is said to have been belonge to the first informant from the Mobile No.9825684001 belonging to the petitioner at around 21.50 hours in midnight on 25.03.2017. Learned advocate Mr.Saiyed would submit that as per the call details produced at Annexure-B on such date no phone was ever made by petitioner from his mobile number to the mobile number stated to have been belonged to the first informant. Therefore, he submits that totally baseless and frivolous FIR has been filed. He also brought to the notice of the Court that department proceedings were pending a
The absence of call records undermines the credibility of an FIR for criminal intimidation, indicating it may be filed with malicious intent.
The main legal point established is that the court can quash a FIR based on the abuse of process of law and lack of evidence for the alleged offences.
The court can quash criminal proceedings if the intention of the complainant is malicious and not to vindicate the law for the good of the society, and if the allegations do not satisfy the legal ing....
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
The court emphasized that the essential ingredients of the offences must be present in the allegations to proceed with a criminal case, and the court may consider additional factors such as apology a....
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