Case Note & Summary
The present application was filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR registered with Salabatpura Police Station for offences punishable under Sections 409, 420 and 120B of the Indian Penal Code. The FIR was lodged by the first informant, Piyushbhai Bardoliwala, who was engaged in the business of Grey Viscose Cloth at Surat. He came into contact with accused No.1, the proprietor of Khushal Impex, and accused No.2 acted as a broker. It was alleged that the accused purchased goods worth Rs. 15,19,004/- but no payment was made, and further goods were demanded. Upon insistence, cheques were issued which were dishonoured due to insufficient funds. The applicant, Rakesh Kantilal Patel, was not named in the FIR. He was implicated solely on the basis of the statement of a co-accused, Girish Gulabsinh Parekh, who is the proprietor of Khushal Impex. The applicant's advocate argued that there was no independent material against the applicant and that the statement of a co-accused is not substantive evidence. The court considered the submissions and held that since the applicant was not named in the FIR and there was no independent material, the continuation of proceedings would be an abuse of process of law. The court quashed the FIR and all consequential proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Implication based on co-accused statement - Applicant not named in FIR and implicated solely on the basis of statement of co-accused without any independent material - Held that continuation of proceedings would be an abuse of process of law and FIR quashed (Paras 1-9).
Issue of Consideration
Whether the FIR and criminal proceedings against the applicant, who is not named in the FIR and implicated solely on the basis of the statement of a co-accused, should be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the application and quashed the FIR registered with Salabatpura Police Station and all consequential proceedings against the applicant.
Law Points
- Quashing of FIR under Section 482 CrPC
- Implication based on co-accused statement
- No prima facie case
- Abuse of process of law
Case Details
2026 LawText (GUJ) (03) 836
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 22900 of 2022
Kishan H Daiya, Vrunda Shah, Vishvesh Acharya, Ronith Joy
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Nature of Litigation
Criminal miscellaneous application for quashing of FIR under Section 482 CrPC
Remedy Sought
Quashing of FIR registered with Salabatpura Police Station for offences under Sections 409, 420 and 120B IPC
Filing Reason
Applicant not named in FIR and implicated solely on basis of statement of co-accused
Issues
Whether the FIR and criminal proceedings against the applicant should be quashed under Section 482 CrPC when the applicant is not named in the FIR and implicated solely on the basis of the statement of a co-accused?
Submissions/Arguments
Learned advocate for the applicant submitted that the applicant is not named in the FIR and has been implicated solely on the basis of the statement of a co-accused, Girish Gulabsinh Parekh, who is the proprietor of Khushal Impex.
Learned APP and advocate for respondent No.2 opposed the application.
Ratio Decidendi
An FIR cannot be sustained against a person who is not named in the FIR and is implicated solely on the basis of the statement of a co-accused without any independent material, as continuation of such proceedings would be an abuse of process of law.
Judgment Excerpts
The present application is filed seeking quashing of the FIR under Section 482 of the Code of Criminal Procedure registered with Salabatpura Police Station for the offences punishable under Sections 409, 420 and 120B of the Indian Penal Code.
Learned advocate Mr. Daiya for the applicant submitted that the present applicant is not named in the FIR. It is contended that the applicant has been implicated solely on the basis of the statement of a co-accused, namely Girish Gulabsinh Parekh, who is the proprietor of Khushal Impex.
Procedural History
The FIR was registered with Salabatpura Police Station for offences under Sections 409, 420 and 120B IPC. The applicant filed the present application under Section 482 CrPC seeking quashing of the FIR. The court heard the parties and allowed the application.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 409, 420, 120B
