Back
J. C. DOSHI
Mahendrabhai Dayabhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. introduction and presence of parties (Para 1 , 2) |
| 2. background facts and context of the complaint (Para 3 , 4) |
| 3. petition for quashment of fir (Para 5) |
| 4. arguments regarding the validity of the fir (Para 6 , 8) |
| 5. legal standard for quashing fir under section 482 (Para 9 , 10 , 11 , 12) |
| 6. assertion of counterblast fir and civil nature of dispute (Para 13 , 14) |
| 7. final order quashing the fir (Para 15) |
JUDGMENT :
1. Heard learned advocate Mr. Riddhesh Trivedi for the petitioners and learned APP Ms. Asmita Patel for the respondent State.
2. Rule is served to respondent No.2, but he has chosen not to appear.
3. The petitioners have invoked jurisdiction u/s 482 of the Code of Criminal Procedure to quell the FIR being I – C.R. No.33 of 2015 registered with Dhansura Police Station for the offences punishable u/s 143, 323, 294(B), 506(2), 427 of the IPC.
4. The facts which can be gathered that the petitioners are the partners of the partnership firm Jagdip Engineering having business of fabrication work as per the need and requirement of the customer. The complainant is in the business of cold storage in the name and style of Jay Gurudev Agro Products at Vadagam, Dhansura. The
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
The central legal point established in the judgment is the exercise of powers under Section 482 of the Cr.P.C. to prevent abuse of the process of law.
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
