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ANUJA PRABHUDESSAI, R. M. JOSHI
Vrushali Jayesh Kore – Appellant
Versus
State of Maharashtra Through it’s Secretary Home Department, Mantralaya, Mumbai – Respondent
JUDGMENT :
1. This is an application under Section 482 of the Code of Criminal Procedure to quash the First Information Report in Crime No. 355/2020 dated 12th November, 2019 registered with Ramanand Police Station, Dist. Jalgaon and consequent criminal proceeding being RCC No. 66/2021 pending on the file of learned Judicial Magistrate First Class, Jalgaon, for offences punishable under Sections 498A, 323, 504, 406, 506 read with Section 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act.
2. Heard learned counsel for the applicant, learned APP for the State and learned counsel for respondent No. 2. We have perused the record and considered the submissions advanced by learned counsel for the respective parties.
3. The scope and power of the High Court to quash the First Information Report or criminal proceedings under Section 482 of the Code of Criminal Procedure is well settled.
The Hon’ble Supreme Court in State of Haryana and others vs. Bhajan Lal and others, AIR 1992 Supreme Court Cases 335 has laid down the guidelines that must be adhered to while exercising its inherent powers under Section 482 of the Code of Criminal Procedure to quash the First Information Re
Inherent powers under Section 482 of the CrPC may quash FIRs in matrimonial disputes when mutual consent is present, despite non-compoundable offences, to prevent injustice.
The main legal point established in the judgment is the court's exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash the FIR and proceedings based on an amicable se....
The power under Section 482 of Cr.P.C. should be exercised sparingly and with caution, especially in cases where investigation is pending, and does not permit the court to go into disputed questions ....
Dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime
High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the compla....
Cruelty - Quash of FIR - While exercising power under Section 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious ....
Category of offence – Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and ....
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