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SANDEEP N. BHATT
Vineetaben Balkrishna Agarwal – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The present petition is filed for seeking following reliefs:
b. To quash and set aside Criminal Case No. 6338 of 2015 pending before Learned 6th Additional Civil Judge, Ahmedabad (Rural) arising out of F.I.R being I- CR No. 58 of 2015 registered with Vastrapur Police Station, Ahmedabad, filed by the respondent No. 2 and subsequent proceedings thereto, qua the petitioner,
c. Pending admission, final hearing and disposal of this petition, to stay Criminal Case No. 6338 of 2015 pending before Learned 6th Additional Civil Judge. Ahmedabad (Rural) arising out of F.I.R being 1-CR No. 58 of 2015 registered with Vastrapur Police Station, Ahmedabad, filed by the respondent No. 2 and subsequent proceedings;”
2.1 Brief facts of the case as per the case of the petitioner in this petition are as such that the petitioner is filing this petition Article 227 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 to Criminal Case No. 6338 of 2015 pending before Learned 6th Additional Civil Judge, Ahmedabad (Rural) arising out of F.I.R being I-CR No. 58 of 2015 registered with Vastrapur Police Station, Ahmedabad, under sect
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The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
The court upheld that prima facie allegations in the FIR warranted continuation of proceedings, as quashing should only occur in clear abuse of process or lack of evidence.
The main legal point established in the judgment is that the power of quashing an FIR should be exercised sparingly and with circumspection, especially at the nascent stage of investigation, and that....
Offence of Rape – Compounding of offence - Interest of justice will be met, in case, the proceedings are quashed, as the parties have already compromised the matter.
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