1.0. Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants herein-original accused to quash and set aside the impugned FIR as well as subsequent charge sheet arising out of the FIR being CR-I- No. 158 of 2005 registered with Vatva Police Station, Ahmedabad for the offences punishable under Sections 307, 498 A and 114 of the Indian Penal Code.
2.0. Ms.
Shilpa Shah, learned advocate for the applicant nos. 1 to 4-original accused nos. 1 to 4 seeks permission to withdraw the present application with a liberty to submit an appropriate application for discharge before the concerned Magistrate. Under the circumstances, present application is dismissed as withdrawn so far as applicants no.1 to 4-original accused nos. 1 to 4 are concerned with a observations that as and when any application is made for discharge, the same be considered in accordance with law and on merits.
3.0. Under the circumstances, present application is required to be considered qua applicants no. 5 to 7 herein-original accused nos. 5 to 7.
4.0. Having heard Ms. Shilpa Shah, learned advocate for the applicant nos. 5 to 7, Shri Sejpal, learned advocate for original complainant and Shri Dabhi, learned Additional Public Prosecutor for respondent State and considering the charge sheet papers and the averments and allegations in the FIR qua applicants no. 5 to 7 herein, it appears to the Court that only few general and vague allegations are made against the applicant nos. 5 to 7 and they do not constitute any offence as alleged for the offences under Sections 307, 498 A and 114 of the Indian Penal Code, for which they are charge sheeted and therefore, it appears to the Court that to continue the criminal proceedings against them would be unnecessary harassment to them and same shall be abuse of process of law and Court. Shri Sejpal, learned advocate for the respondent -original complainant does not invite any further reasoned order as it might affect the case of the prosecution so far as other accused persons are concerned. However, he has requested that the proceedings against the other accused persons be considered in accordance with law and on merits and without in any way being influenced by quashing and setting aside of impugned criminal proceedings qua applicant nos. 5 to 7.
5.0. In view of the above and for the reasons stated above, present application succeeds in part and impugned criminal proceedings arising out of the FIR being CR-I- No. 158 of 2005 registered with Vatva Police Station, Ahmedabad for the offences punishable under Sections 307, 498 A and 114 of the Indian Penal Code inclusive of charge sheet filed against them are hereby quashed and set aside so far as applicants no. 5 to 7 herein-original accused nos. 5 to 7 are concerned. However, same shall be without prejudice to the rights and contentions of the original complainant as well as prosecution against other accused persons and the proceedings against them be considered by the concerned Magistrate in accordance with law and on merits and without in any way being influenced by the present order which would be qua applicants no. 5 to 7 only. Rule is made absolute to the aforesaid extent so far as applicants no. 5 to 7 are concerned and Rule is discharged so far as applicants no. 1 to 4 herein-original accused nos. 1 to 4 are concerned.
(M.R.SHAH, J.) kaushik Top