HIGH COURT OF GUJARAT
J.C. DOSHI
Sadhviji Jayshrigiri Guru Jagdishgiri – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(J.C. DOSHI, J.)
1. Rule. Learned APP Mr.Soham Joshi waives service of notice of rule for respondent – State and learned advocate Mr.Kalrav Patel waives service of notice of rule for respondent No.2.
2. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seeks quashing of the FIR registered as C.R. No.I-25 of 2017 registered with Shahibaug Police Station, Ahmedabad for the offence punishable under Sections 406, 420 and 506(1) of the Indian Penal Code and further proceedings arising thereof.
3. The brief facts of the case are as under :
3.1 It is the case of complainant that land of friend of first informant Subhash was acquired by Gujarat Housing Board and he wanted to see that land is cleared and released from Gujarat Housing Board. The petitioner gave assurance that sh has political acquaintance and acquaintance with officers and she would see to it that land is cleared. It is alleged that first informant gave Rs.1.25 Crores to the petitioner. However, since after passage of time, when the no action was taken, the first informant approached the petitioner but the petitioner under different pretext did not meet the fi
The court affirmed that inherent powers under Section 482 should not be exercised to quash FIRs when prima facie ingredients of criminal offences are satisfied, emphasizing the need for legitimate pr....
The existence of a civil dispute does not automatically warrant quashing of criminal proceedings if cognizable offences are alleged.
The Court reiterated that quashing of FIRs should be exercised sparingly, emphasizing that suppression of material facts by the petitioner warranted the dismissal of the petition.
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
An FIR cannot be quashed if the allegations, taken at face value, indicate the commission of cognizable offences, and the court cannot assess their truthfulness at this stage.
The court can quash criminal proceedings if it deems them to be futile in light of the limited role attributed to the accused and the acquittal of the main accused.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
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 upheld the FIR against the petitioner, ruling that sufficient allegations existed to constitute cognizable offences, and the truth of these allegations could not be evaluated at the quashin....
Criminal proceedings can continue despite the civil nature of a dispute if criminal allegations are substantiated in the FIR.
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