ORAL ORDER

1. Rule returnable forthwith. Learned APP Mr. H.K. Patel waives service of notice of rule for the respondent Nos. 1 and 2 and learned advocate Mr. Gaurang K. Patel learned advocate waives service of notice of rule for the respondent No. 3.

2. By preferring this petition under Article 226 of the Constitution of India as well as under Section 482 of the Criminal Procedure Code, 1973, the petitioner prayed as under:

“5 (a) ….............

(b) The honourable Court be pleased to issue appropriate Writ, direction or order to quash and set aside the FIR dated 14.09.2018 registered against the petitioner at I Crime Register no. 171 / 2018 in Karjan Police Station, Vadodara Rural, District- Vadodara for the offences punishable u/s. 306, 323, 504 and 114 of IPC read with section 3, 2(2) and 5 of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(C) ….... (d) ….... (e) …... (f) …...

3. On 24.09.2018, this Court, after hearing the learned advocate appearing for the petitioner was pleased to issue notice and protect the petitioner by directing the authority not to take coercive steps against the petitioner. However, the investigation was continued.

4. Heard learned advocate Mr. Bhargav Bhatt for learned advocate Mr. Ankur Y. Oza for the petitioner and learned APP Mr. H. K. Patel for the respondent Nos. 1 and 2 and learned advocate Mr. Gaurang Patel for the respondent No. 3 – original complainant through video conference.

5. Learned advocate appearing for the petitioner submits that the FIR itself is an inadmissible evidence as completely hear say evidence. It is further submitted that there is no piece of evidence except namely Suicide note which involves the present petitioner in the alleged offence.

6. It is further submitted that on the date of incident i.e. on 11.09.2018, the petitioner was at the OfÏce of Karjan Nagar Palika from 16.00 to 19.00 hrs attending the meeting with the Gazetted OfÏcers. The presence of the petitioner can very well establish through the CCTV camera recording, which have been installed at each entry point of the Karjan Nagarpalika Building. It is further submitted that the allegations made against the petitioner of giving slapped on 11.09.2018, does not make out any case for the offence punishable under Section 306 of the IPC and under Sections 3, 2(2) and 5 of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is further submitted by the learned advocate for the petitioner that the allegations made in the FIR do not disclose the name of the petitioner abetted the deceased to commit suicide or caused hurt to the deceased. It is also submitted that the hand written note written by the deceased does not disclose name of the petitioner anywhere and no allegations are made by the deceased against the petitioner. That the petitioner was subsequently wrongly implicated by the respondent No. 3 in the FIR by making total false and concocted allegations. It is further submitted that the FIR was lodged with mala-fide intention to extort money from the petitioner.

7. Learned advocate for the petitioner has relied upon the judgment passed by this Court reported in 2017(0) AIJEL-HC 237709. It is further submitted that necessary elements of mens-rea is completely absent in the FIR. That the incident of giving slap by the present petitioner is of no such nature which would attract Section 107 of the IPC. It is further submitted that during the pendency of this petition, settlement was arrived at with the respondent No. 3 and he has filed an afÏdavit to that effect before this Court on 28.11.2019 and hence, also the impugned complaint is required to be quashed. It was requested by the learned advocate appearing for the petitioner to quash the FIR being I-CR. No. 171 of 2018, registered with the Karjan Police Station, Vadodara Rural, in the interest of justice.

8. Learned APP appearing for the respondent Nos. 1 and 2 submits that prima-facie involvement of the present