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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
PAYALBEN ASHOKBHAI GOHIL @ MISTRI & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. fir lacks essential ingredients necessary for alleged offences. (Para 1 , 2) |
| 2. responses from advocates support the initial fir against the accused. (Para 3 , 4) |
| 3. court highlights lack of evidence for intentional insults as required for ipc offences. (Para 5 , 6 , 8) |
| 4. legal precedents define circumstances for fir quashing. (Para 7) |
| 5. the petition for quashing the fir is granted. (Para 9) |
ORAL ORDER
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 II-C.R. No.46 of 2019 registered with Rajula Police Station, for the offences punishable under Sections 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. Seeking quashment of the impugned FIR, learned advocate for the petitioners would submit that even if the allegations as levelled in the impugned complaint are taken at their face value, the essential ingredients so as to constitute the offences punishable under Sections 504 , 506(2), and 114 of the Indian Penal Code are, ex facie, not m
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