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ALPESH Y. KOGJE
Abdulrahim Jamalhaider Kureshi – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for quashing fir filed. (Para 1 , 2) |
| 2. applicant argues fir is retaliatory and lacks evidence. (Para 3) |
| 3. state argues fir and charge-sheet substantiated. (Para 4 , 5) |
| 4. court analyzes evidence supporting allegations. (Para 6 , 7) |
| 5. court finds prima facie case established. (Para 8 , 9) |
| 6. request for expedited trial due to applicant's age. (Para 10 , 11) |
JUDGMENT :
Alpesh Y. Kogje, J.
1. RULE. Learned Additional Public Prosecutor waives service of rule on behalf of the respondent-state.
2. This application is filed under Section-482 of the Code of Criminal Procedure, 1973 primarily for quashing and setting aside the F.I.R. registered as C.R. No.I-11196035220491 of 2022 with Vaadi Police Station, Vadodara City on 03-08-2022 for the offence punishable under Section 354D(1) of the INDIAN PENAL CODE .
3. Learned Advocate for the applicant at the outset has submitted that F.I.R. registered is counter blast to the Civil proceedings pending between the families of both the applicant and the respondent-complainant and therefore, to get advantage in the Civil proceedings, present criminal proceedings are instituted.
3.1. Learned Advocate for the applicant has subm
The offence under Section 354D(1) IPC is established when repeated conduct after clear disinterest by the victim is evidenced, warranting dismissal of quashing application.
Courts may quash FIRs under Section 482 Cr.P.C. if the allegations do not satisfy the essential ingredients of the alleged offences; jurisdiction must be exercised sparingly.
The court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
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.
The main legal point established in the judgment is that the court has the inherent power under Section 482 of the Code of Criminal Procedure to quash proceedings if the allegations in the FIR do not....
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.
Point of law : In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions re....
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