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HIGH COURT OF GUJARAT
JCD
ASHITBHAI ROHITBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
J. C. DOSHI, J.
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State.
2. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing C.R. No.II-05 of 2018 registered with Gotri Police Station, Vadodara City for the offences punishable under Sections 294(b), 506 and 114 of the Indian Penal Code and the proceedings initiated in pursuant thereto.
3. It appears that there was a traffic jam near ABS Tower, Vadodara and a white Maruti Swift car bearing Registration No.GJ-06-KP-0943 overtook the complainant from the right. It is alleged that there was stationary tempo four wheeler on the other side and seeing space for a two wheeler to go through, the complainant herein attempted to go by. It is further alleged that the driver of the white swift car tried to rush towards the complainant and attempted to collide, the wife of the complainant got intimidated and started screaming, and hence, the complainant stopped his two wheeler-Activa. It is alleged that the driver of the car who is the applicant No.1 started abusing the complain
The court quashed the FIR as it did not disclose a cognizable offence and the delay in filing was unexplained, emphasizing the need to prevent abuse of legal processes.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The central legal point established in the judgment is the exercise of powers under Section 482 of the Cr.P.C. to prevent abuse of the process of law.
The absence of public view during the alleged incident and lack of independent witnesses led to the quashing of the FIR under the Atrocity Act and IPC.
The court exercised its inherent powers under Section 482 to quash an FIR due to lack of prima facie evidence against the petitioner, emphasizing the need to prevent abuse of judicial process.
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
Point of law : When the information is lodged at the police station and an offence is registered then the mala fides of the third party would be of secondary importance.
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