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HIGH COURT OF GUJARAT
JCD
SMITABEN W/O. LATE SUNILBHAI VIMALBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(J. C. DOSHI, J.)
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicants seek quashing of the FIR registered as C.R.No.II-3001 of 2017 registered with Paldi Police Station, Ahmedabad for the offence punishable under Sections 323, 294(b), 506(1) and 114 of the Indian Penal Code and further proceedings arising thereof.
2. Learned advocate Mr.Shah for the petitioners submit that dispute which is registered in FIR arise from domestic dispute between Devrani and Jethani. It is further submitted that this Court while issuing notice also recorded that nature of the dispute between the party since is domestic dispute, it is expected that the matter shall be settled. Reading FIR on record, learned advocate Mr.Shah submitted that none of the allegations are matching with ingredient of sections 323, 294(b), 506(1) and 114 of IPC.
2.1. Learned advocate Mr. Shah for the petitioners while reading deposition of witness recorded before the learned Trial Court during trial of FIR, lead this Court to appreciate evidence and acquit the petitioners from the charges levelled against them. Learned advocate for the petitioners referred to jud
The High Court cannot quash an FIR under Section 482 of the Cr.P.C. when the trial is nearing completion, as it may compromise the trial's outcome.
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially in cases of compromise between the parties.
The main legal point established in the judgment is that the inherent powers under Section 482 Cr.P.C. can be exercised to quash proceedings based on a compromise, even for non-compoundable offences,....
The court may quash an FIR if continuation of proceedings would cause unnecessary hardship or abuse of process of law, especially when parties have amicably settled their disputes.
The court affirmed the High Court's authority to quash FIRs under Section 482 of the CrPC, even post charge-sheet, based on the nature of allegations and circumstances.
High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause o....
The main legal point established in the judgment is that when parties have entered into a compromise, the Court may exercise its inherent powers under Section 482 Cr.P.C. to quash the proceedings, as....
The power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. is distinct and different from the power given to a criminal court for compounding the offences under Section 320 o....
The main legal point established in the judgment is that the inherent power of the Court under Section 482 Cr.P.C. can be exercised to quash criminal proceedings based on a compromise between the par....
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