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ILESH J. VORA
Manubhai Babubhai Nagrecha (Gajjar) – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By invoking inherent power of this Court, the applicant-original accused Manubhai Nagrecha, has preferred this quashing petition under Section 482 of Cr.P.C in relation to the FIR being C.R. No. 11210004201615 of 2020 registered with Amroli Police Station, Surat for the offence punishable under Sections 498(A), 323 and 114 of the Indian Penal Code.
2. This Court has heard learned Counsel Mr. Punam Gadhvi appearing for and on behalf of the applicant. Despite of notice of service of rule, the second respondent wife, who has lodged the FIR, has chosen not to contest the present application and remained absent throughout the proceedings.
3. The brief facts giving rise to file the present application are that the marriage of the second respondent Ms. Mittal Dipesh Nagrecha was solemnized on 4.12.2016 with accused No.5 Dipesh Manubhai. She has lodged the aforesaid FIR impleading therein in all 5 persons, inter alia, alleging that after her marriage, when she went to matrimonial home, she was subjected to harassment by the husband and his relatives. The applicant herein is father-in-law. In the FIR, it is alleged that on the second day of the marriage, the mother-in-law and sister
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 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 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 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 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 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 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 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.
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