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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
CHANDRA PRAKASH SHRIMALI
Aishwarya Tyagi @ Neetu Son Of Shri Shanti Swaroop – Appellant
Versus
State Of Rajasthan, Through P.p. – Respondent
| Table of Content |
|---|
| 1. initiation of section 482 proceedings for quashing fir. (Para 1) |
| 2. conflicting contentions regarding abuse of process and existence of prima facie offences. (Para 2 , 3 , 4) |
| 3. limited scope of judicial interference under section 482 regarding factual disputes. (Para 5 , 6 , 7 , 8 , 12) |
| 4. conditions for quashing non-compoundable offences in domestic disputes. (Para 9 , 10 , 11) |
| 5. dismissal of petition due to lack of merit and ongoing trial necessity. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
CHANDRA PRAKASH SHRIMALI, J.
1. The present criminal miscellaneous petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 73/2020 registered at Police Station Mahila Thana, Alwar for offences under Sections 498-A, 406, 506 of the Indian Penal Code and Section 67-A of the Information Technology Act, along with all consequential proceedings arising therefrom, including the criminal case bearing No. 23/58/20 pending before the Court of learned Additional Civil Judge and Judicial Magistrate No. 4, Alwar.
2. Learned counsel for the petitioner submits that the impugned FIR has been lodged with malafide intention and is not
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and pres....
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....
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....
Point of Law : 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 proceedin....
Point of Law : High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of th....
Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quas....
Point of Law : Decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts a....
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