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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Avaniben Dharmeshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of relationship and allegations (Para 3) |
| 2. arguments against the fir being vindictive (Para 4) |
| 3. respondent's defense and procedural adherence (Para 5 , 6) |
| 4. court's analysis of jurisdiction and fir validity (Para 7) |
| 5. order on petition and liberty for discharge application (Para 8 , 9 , 10) |
JUDGMENT :
J. C. DOSHI, J.
1. Heard learned Senior Advocate Mr. B.B. Naik, ably assisted by learned Advocate Mr. Pruthviraj Gohil, appearing on behalf of the petitioner; learned Advocate Mr. Pravin Gondaliya appearing for respondent No.2; and learned Additional Public Prosecutor Mr.Chintan Dave representing the respondent–State.
2. Petitioner has prayed for the following reliefs:-
“i) that the Hon'ble Court may be pleased to quash and set aside the registration of C.R.No.I-48/2016 for the offences punishable under Sections 376 , 506(2), 386, 380, 34, 120-B, 114 of IPC registered at Mahila Police Station;
ii) that the Hon'ble Court may be pleased to stay the investigation in C.R.No.I-48/2016 registered with Mahila Police Station, during pendency of this petition;
iii) that any just and proper order may be passed.
iv) Quash and set aside the FIR bearing CR no I- 48 o
The inherent powers under Section 482 CrPC are to be exercised sparingly to prevent abuse of legal processes, especially where credible allegations are made that warrant a trial.
Inherent powers under Section 482 of CrPC should be exercised sparingly to prevent misuse of criminal law, quashing only when FIR doesn't disclose an offence.
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....
Quash of Criminal proceedings – Compromise between parties - High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or....
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