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2025 Supreme(Online)(Guj) 4374

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
PRATIKBHAI HARISHBHAI JARIWALA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR APURVA R KAPADIA
For the Respondents: MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR

Table of Content
1. lack of essential ingredients in fir (Para 1 , 2 , 3)
2. arguments presented by counsel (Para 4 , 5)
3. court observes the nature of the fir (Para 6 , 8)
4. ratio from case law applied (Para 7)
5. final ruling on fir and proceedings quashed (Para 9)

ORAL ORDER

Though served, none remained present for the respondent No.2.

1. 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.II - 286 of 2018 registered with Rander Police Station, for the offences punishable under Sections 323, 504, 506(2), 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

2. Brief facts of the case are that the respondent no.2 herein had borrowed Rs 10,00,000/- from the petitioner herein and the petitioner was asking for the return of the said amount. It is alleged that on 24.02.2018 when the complainant met the petitioner at about three in the afternoon at SMS quarter, he again demanded the amount and thereafter the petitioner abused him and gave kick and fist blow therefore, the impu

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