ILESH J. VORA
Vinayakrav Kashiram Salve – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By invoking inherent powers of this Court, the applicants – original accused, who are facing the charges for the offences of cruelty and demand of dowry have preferred this application for quashing of the FIR being CR No.11210050221310 of 2022 registered with Rander Police Station, Dist.: Surat, for the offences 498A, 323, 504, and 114 of Indian Penal Code.
2. This Court has heard learned counsel Mr. Manan Patel, Ms. Urmila J. Desai and Mr. Jay Mehta, learned Additional Public Prosecutor for the respective parties.
3. Brief facts revels from the record are that the applicants are father-in-law and mother-in-law of the second respondent – Reshma Salve. The marriage of the second respondent was solemnized on 27.07.2021 with the accused Mukesh Salve. This is a second marriage of the second respondent. Her first marriage took place in the year 2010 and after getting divorce from her earlier husband, she again married with the accused no. 3. The applicants and the husband are living at Mumbai and after the marriage, the second respondent went to Mumbai. The husband having a bakery shop, was used to leave the home in the early morning and come at late night. As a result, the matr
Kahkashan Kausar @ Sonam & Ors. Vs. State of Bihar & Ors. reported in (2022) 6 SCC 599
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 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 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 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 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 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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