ORAL ORDER

1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (`the Code’ for short)

praying for the following reliefs:

“7(A) YOUR LORDSHIPS may be pleased to admit this Criminal Misc.Application, in the interest of justice;

(B) YOUR LORDSHIPS may be pleased to quash the impugned FIR being C.R.No.II-26 of 2019 registered with Visavadar police station, District – Junagadh (Annexure-A) and all further proceedings in pursuance thereto, in the interest of justice;

(C) YOUR LORDSHIPS be pleased to stay the further proceedings of FIR being C.R.No.II-26 of 2019 registered with Visavadar police station, Junagadh (Annexure-A), pending the admission, hearing and final disposal of this application, in the interest of justice;

(D) xxxxx”

2. The brief facts leading to fling of this application are such that the impugned FIR came to be filed by the respondent no.2-complainant alleging that the respondent no.2 was going for purchasing vegetables near gate of her home and at that time, the applicant no.1 came there and gave kick and fist blows on the respondent no.2; that at that time, the father of respondent no.2 was also present and the applicant no.2 administered threat that he will kill the respondent no.2. It is this FIR which is prayed to be quashed by way of this application.

3. Heard learned advocates for the parties.

3.1 Learned advocate Ms.Desai for the applicant has drawn my attention towards the earlier complaint filed by the present applicant which is registered in the non- cognizable register on the same day at 2.00 p.m. and submitted that the present FIR is filed by the respondent no.2 at 2.30 p.m. on the same day which is registered as FIR for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code. She submits that prima facie, on bare reading of the FIR, the present applicants are falsely implicated as they happen to be father- in-law and mother-in-law of the complainant. She submits that on that day, probably since the complainant is not staying at her matrimonial house due to some dispute with the family members, they went there to find out some way and husband was residing at Belgium and thereafter at Netherlands, such incident on face of it, might not have happened but the incident as alleged in the FIR is nothing but an attempt of over-implication of the accused persons by stating something which has not happened actually. Otherwise also, considering the averments in the FIR, no ingredients of Section 323 are satisfied nor it can be said that Sections 504 and 506(2) are attracted in the facts of the present case. She further submits that the present applicants are aged persons aged about 65 and 68 respectively and that the actual incident which is narrated in the FIR is actually exaggeration made in the version of the complainant of heated exchanges between the parties with a view to give colour of criminality for falsely implicating the accused persons.

3.2 Therefore, she prays to allow this application by exercising the inherent powers under Section 482 of the Code considering the judgment in the case of State of Haryana V/s Bhajan Lal reported in AIR 1992 SC 604.

4. Per contra, learned APP Mr.Jayswal for the respondent no.1-state has also pointed that the statement of neighbour is also recorded and medical certificate is also availed. The neighbour has supported that there was some heated exchanges but as such no such incident has taken place which amount to attracting of any provisions of Section 323 of the IPC. However, as the incident has taken place, prima facie case is made out and therefore, this Court should not exercise the powers under Section 482 of the Code at this stage as they should be exercised very sparingly.

Therefore, he prays to dismiss this application.

5. Learned advocate Mr.Poojara appearing for the respondent no.2-complainant has strongly opposed the prayers made in the petition and the submissions made at the bar. He has submit