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ILESH J. VORA
Samirsha Gulamsha Diwan – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. background facts of the marriage and fir (Para 1 , 3) |
| 2. defense argument regarding misuse of law (Para 4 , 5) |
| 3. parameters for quashing fir explained (Para 6 , 8) |
| 4. guidelines for exercising inherent powers under section 482 (Para 9) |
| 5. court's ruling and impact on ongoing cases (Para 10 , 11) |
| 6. unlawful proceedings and quashing of the fir (Para 12 , 13) |
ORDER :
1. By this application, under Section 482 of the Cr.P.C., the applicants - original accused, are seeking quashing of the FIR, being I-C.R.No. 11215006220541 of 2022, registered with Borsad City Police Station, Anand for the offence punishable under Sections 498 and 114 of the INDIAN PENAL CODE .
2. This Court has heard learned counsel Mr. Dipen Desai, Mr. Sabir Saiyyad and Ms. C.M. Shah, learned APP for the respective parties.
3. Brief facts giving rise to file present application are that, the second respondent Aarzoo Diwan has lodged aforesaid FIR against her husband and his relatives for the act of cruelty and demand of dowry. The marriage of the parties took place on 28.01.2017. Admittedly, after the marriage, the husband and wife went to Germany and stayed together till 01.10.2018. After completion the st
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 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 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 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.
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 that general allegations in matrimonial disputes must be specific to warrant criminal proceedings, particularly in light of divorce decrees.
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