ORAL ORDER

[1.0] By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants have prayed to quash and set aside the complaint being C.R. No.11195050220886 of 2022 registered with Tharad Police Station, Banaskantha for the offences under Sections under Sections 307, 506(2), 294(b), 147, 148, 149, 427 of Indian Penal Code, 1860 as well as all the consequential proceedings arising therefrom.

[2.0] Heard learned advocates for the respective parties.

[3.0] It is the case of the applicants that at the instance of respondent No.2, impugned FIR came to be filed. On December 4, 2022, around 2:00 a.m., the complainant alleges that while he was driving his Hyundai Creta near Krishna Hospital, an unidentified Swift car with black windows and white color collided with his vehicle. Following this, the complainant contacted Taufikbhai, an employee of Krishna Hospital, and asked him to come to his residence. Upon reaching home, the Swift car allegedly struck the complainant's car again, accompanied by five individuals wielding steel pipes and rods. They purportedly smashed the rear glass of the complainant's car and threatened him with physical harm if he exited his vehicle. The intervention of Krishna Hospital staff prompted the assailants to flee the scene, leading to the filing of the disputed FIR based on these events.

[4.0] Learned advocate for the applicants has submitted that the present applicants have been falsely implicated in the offence due to political rivalry with the complainant. It is emphasized that the complaint's account is fabricated and stems from a longstanding political feud between the parties involved, resulting in the unjust and baseless filing of the FIR. It is further submitted that the FIR lacks any evidence of injury to the complainant, rendering it an abuse of legal process. CCTV footage from around the complainant's residence at the alleged time of the incident shows him attempting to park his car, which subsequently met with an accident. Contrary to the complainant's claims, there was no attack, and the complainant opportunistically accused the applicants, who belong to a rival political faction, in a concocted and malicious FIR. A copy of screenshots from the CCTV videos of the date of the incident are annexed as Annexure-B of the compilation of this application. It is submitted that the complainant exploited the incident by recounting it in a political rally held just before local elections, reinforcing the fabricated nature of the allegations. The applicants, known for their standing in society, assert that this FIR constitutes a blatant misuse of legal procedures aimed at tarnishing their reputation.

[5.0] Learned APP has opposed the present application and submitted that Test Identification parade are conducted and accused persons are identified by the complainant. In CCTV footage, their presence are noticed. Even, at the instance of accused persons, weapons are also recovered. As charge-sheet is filed, no case is made out to entertain the present application.

Hence, he has requested to dismiss the present application.

[6.0] Learned advocate for respondent No.2 – original complainant has submitted that Swift car belonging to the accused persons collided with the complainant's car, which had five occupants. Allegedly, these individuals attacked the complainant with steel pipes, breaking the rear glass of his car, and collectively threatened him. It is further contended that the applicants were present during the incident, part of an unlawful assembly, and actively participated in the offense with a common intention. Based on these assertions, it is requested that the applicants be named in the complaint, as the location of the incident is not in dispute. Hence, he has requested to dismiss the present application.

[7.0] Going through the record of the case, it appears that the applicants are facing charges under Sections 307,