Dharmesh Sureshbhai Kotecha vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 1022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Dharmesh Sureshbhai Kotecha – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Pravin Gondaliya, Premal Rachh
For the Respondents: Pratik Y. Jasani, Soham Joshi

Table of Content
1. complaint filed regarding payment dispute (Para 2 , 3)
2. petitioners argue fir is due to rivalry (Para 4)
3. defense claims police protection (Para 5)
4. complainant argues against quashing (Para 6 , 7 , 8 , 9)
5. court reviews fir allegations (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
6. essential ingredients of offences missing (Para 18 , 19 , 20 , 21 , 22 , 23)
7. fir quashed and set aside (Para 24)

JUDGMENT :

1. Rule. Learned advocate Mr. Pratik Jasani waives service of rule for respondent No.2 and learned APP waives service of notice of rule for the respondent State.

1.1 Since both the petitions arise from self-same FIR, with the consent of learned advocates for the respective parties, the petitions are decided analogously.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I – 4 of 2015 registered with Rajkot City DCB Police Station, for the offences punishable under Sections 387, 504, 506(2), 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.