ILESH J. VORA
Thakor Chelaji Gabhaji – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. By way of this application filed under Section 482 of the Cr.P.C., the applicants seek to invoke inherent powers of this Court for quashing of the FIR in CR. No. 11206020220371 of 2022 registered with Kadi Police Station, Dist.: Mehsana, for the offences punishable under Sections 498A, 494, 323, 506(2) and 114 of the Indian Penal Code.
2. This Court has heard learned counsel Mr. Vijay Nangesh and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent State. The private respondent, who has lodged the FIR, though served, is not appeared nor filed reply affidavit.
3. Brief facts giving rise to file present application are that, the marriage of the private respondent with Thakor Kishanji Chelaji was solemnized before 8 years of the date of the registration of the FIR. The private respondent went to matrimonial home where she had lived in a joint family. The husband having extra marital affairs with one Hiralben, as a result, the marriage life took a serious turn and she was compelled to leave the matrimonial home. The parties have executed the customary divorce deed on 28.02.2022. The FIR in question came to be filed on 28.03.2022 against the husband, brother-in-
Geeta Mehrotra and Anr. v. State of Uttar Pradesh and Anr.
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....
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 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.
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 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 court emphasized the need to carefully consider the allegations and evidence in matrimonial disputes and warned against proceeding against the relatives and in-laws of the husband when no prima f....
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 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....
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....
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