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ROBIN PHUKAN
Sukinath Bhowmik S/o Surendra Nath Bhowmik – Appellant
Versus
State of Assam, Rep. By The PP – Respondent
JUDGMENT :
Heard Ms. R. Choudhury, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
2. This joint petition, under Section 482 of the Cr.P.C., is preferred by the petitioners namely, Sukinath Bhowmik [petitioner No. 1] and Mozibar Rahman [petitioner No. 2] for quashing the FIR dated 02.07.2022, in connection with Bongaigaon PS Case No. 305/2022, under Sections 384/511 of the IPC.
3. The background facts leading to filing of the present petition, is adumbrated herein below :-
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Point of Law : The remedies available in law for false and vexatious charges have also been highlighted in the said judgment to dissuade the High Courts from exercising powers under Section 482 CrPC.
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
The power of quashing should be exercised sparingly with circumspection, and the court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases.
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
The main legal point established in the judgment is that the High Court has inherent powers to prevent an abuse of the process of any court or to secure the ends of justice, especially in cases where....
The exercise of inherent power for quashing the FIR and all consequential proceedings is justified to secure the ends of justice, especially when the compromise is voluntary and not secured through c....
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