Back
G. CHANDRASEKHARAN
Xavier Thomas Pari – Appellant
Versus
State by: Inspector of Police, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in connection with Crime No.12 of 2019 dated 22.11.2019 on the file of the 1st respondent and quash the same.)
This Criminal Original Petition has been filed to call for the records in connection with Crime No.12 of 2019, dated 22.11.2019, on the file of the first respondent and quash the same.
2. The learned counsel for the petitioner submitted that petitioner is an accused in Crime No.12 of 2019 registered for the offences under Sections 498(A), 323 & 506(1) IPC and Section 66 of the Information Technology Act, 2000. This case was registered for the offences said to have taken place in 2016. As a first plea, he submitted that the allegations made in the FIR are totally false. Even assuming that the allegations are true, the offences alleged in the FIR registered are now barred by limitation. There is no possibility for the Court to take cognizance even if the final report is filed for the offences alleged in the FIR. De facto complainant and her daughter, who is the wife of petitioner are in the habit of giving repeated false complaints. The present complaint was given in continuatio
The main legal point established in the judgment is that the allegations in the FIR made out commission of cognizable offences by the petitioner, and therefore, the allegations must be necessarily in....
Unexplained delay in lodging an FIR, combined with evidence of malafide intentions, can justify quashing of criminal proceedings to prevent abuse of the legal process.
The High Court may exercise its inherent power under Section 482 of the CrPC to quash an FIR if the proceedings are initiated merely as an act of vengeance in relation to civil disputes, thereby cons....
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
