ILESH J. VORA
SWAPNIL HASMUKHBHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. By this application, under Section 482 of the Cr.P.C. original accused no. 2-Swapnil Macwan seeks to invoke inherent powers of this Court praying quashing of the FIR, being I - C.R. No. 11215018210040 of 2021, registered with Mahila Police Station, Anand for the offence punishable under Sections 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code.
2. Facts and circumstances giving rise to file quashing petition are that the private respondent-wife married with one Vinod Macwan accused no. 1 and after the marriage, she went to matrimonial home. This was the second marriage of the respondent. The accused no. 1-husband being a government servant was staying at Porbandar and every fortnight, he was used to come at Anand. The respondent wife was not happy with the conduct and attitude of the husband as she doubted on his character as a result, the matrimonial dispute arose between the parties. In these background facts, the respondent wife lodged an FIR against five persons including the husband and his relatives inter-alia alleging that she was subjected to mental and physical cruelty. The applicant herein is the nephew of accused husband. So far role attributed to the a
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The judgment emphasizes the need to prevent the misuse of legal provisions, particularly in matrimonial disputes, and highlights the importance of ensuring that criminal proceedings are not abused.
The court emphasized the need to prevent the abuse of process of Court and to secure the ends of justice, particularly in cases involving matrimonial disputes and the misuse of provisions such as 498....
Vague and general allegations in an FIR do not constitute a prima facie case for quashing under Section 482 of Cr.P.C., emphasizing the need for specific instances of cruelty.
The main legal point established in the judgment is that the exercise of inherent powers under Section 482 of the Code to quash criminal proceedings should be sparingly and cautiously done to prevent....
The court ruled that general allegations of cruelty without specific instances do not warrant criminal proceedings, emphasizing the need to prevent abuse of legal provisions in matrimonial disputes.
The judgment establishes the principle that Section 482 of the Cr.P.C. is designed to prevent the misuse of criminal proceedings and to ensure that they do not become instruments of harassment.
Cruelty and dowry offence – Court must guard against cases of over implication.
The main legal point established in the judgment is the court's power to exercise inherent powers under Section 482 of the Code to quash criminal proceedings, especially in cases where the allegation....
The main legal point established in the judgment is the need to exercise the power under Section 482 of the Cr.P.C. sparingly and cautiously to prevent the abuse of process of Court and to secure the....
The central legal point established in the judgment is the Court's power to quash criminal proceedings under Section 482 of the Code, and the need to prevent the abuse of process of Court and to secu....
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