Back
DIVYESH A. JOSHI
Shashikantbhai Haribhai Babhanva – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents.
2. Heard learned advocates for the respective parties.
3. By way of this application, the applicant has invoked extraordinary jurisdiction of this Court under Section 482 of the Code and has prayed to quash and set aside the FIR registered against the applicant accused being CR.No. I-0041 of 2014 registered before Limbdi Police Station, Dist: Surendranagar, for the offences under Section 366, 506 and 507 of the IPC.
4. For the sake of convenience and brevity, the applicant- Shashikantbhai Haribhai Babhanva shall hereinafter be referred to as applicant-accused and respondent no.2- Ms.Dakshaben daughter of Rashiklal Waghela shall hereinafter referred to as the original-complainant. The Code of Criminal Procedure, 1973, shall hereinafter be referred as “Code” whereas, Indian Penal Code, 1860, be referred as “IPC” for short.
5. Learned advocate Mr. Patel submits that the the so-called incident occurred on 08.10.2013, and the FIR got registered on 02.04.2014, therefore there is a gross delay of more than six months to register the FIR and the complainant failed to assign any reasons in wo
Right to protection from sexual harassments is universally recognised basic human rights - Common minimum requirement of right has received global acceptance. This right has been embodied in Articles....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
The absence of public view during the alleged incident and lack of independent witnesses led to the quashing of the FIR under the Atrocity Act and IPC.
The court can exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash criminal proceedings if it deems it necessary to secure the ends of justice, especially i....
Court held that an FIR for serious offences may be quashed if the complainant later establishes a consensual relationship and the allegations lack specificity.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
