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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
ANIL SATYARTHI RAINA – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. petition seeks to quash fir based on property dispute. (Para 1 , 2 , 3) |
| 2. court analyzes definitions and elements of trespass offenses. (Para 4 , 6) |
| 3. fir elements lack substantial evidence for house trespass. (Para 5) |
| 4. court outlines conditions for quashing fir and necessity of substantial allegations. (Para 7 , 8) |
| 5. the petition is allowed, quashing the fir. (Para 9) |
ORAL ORDER
1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I – 118 of 2019 registered with Vidhyanagar Police Station, Anand for the offences punishable under Sections 448, 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 complainant has purchased disputed property from accused No.2 Pareshbhai Hasmukhlal Thakkar. According to the FIR, when the complainant went to the disputed property, he found that the petitioner was living in the disputed property and the accused No.2 Pareshbhai Thakkar told him that the petitioner is his fr
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