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J. J. MUNIR
Rais Ahmad – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. quashing criminal proceedings and charges (Para 1 , 2 , 3) |
| 2. mediation attempt between parties (Para 4 , 5) |
| 3. court's reasoning on prima facie evidence (Para 6 , 7) |
| 4. rejection of application to quash proceedings (Para 8 , 9) |
JUDGMENT :
J.J. MUNIR, J.
1. This application under Section 4 82 of the Code of Criminal Procedure, 1973 (‘Code’ for short) has been filed, seeking to quash the entire proceedings of Case No. 5381 of 2023, State v. Mohd. Azeem and Others (Arising Out of Case Crime No. 233 of 2022) under Sections 4 98A, 323, 506 of the INDIAN PENAL CODE , 1860 (‘IPC’ for short), Section 3 /4 of the Dowry Prohibition Act, 1961 (‘the Act of 1961’ for short) and Section 3 /4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 (‘the Act of 2019’ for short), Police Station Seohara, District Bijnor, pending in the Court of the Chief Judicial Magistrate, Bijnor.
2. It may be noted at the outset that applicants Nos.1 to 6 have been charge-sheeted for offences punishable under Sections 4 98A, 323, 506 IPC and Section 3 /4 of the Act of 1961, whereas applicant No. 7, who is the husband of the complainant-opposite party, Smt. Rukhsar, has been charge
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
The provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 apply only to the husband, not to in-laws, and mere delay in filing an FIR does not warrant quashing without further ev....
A petition under Section 482 of Cr.P.C. can quash proceedings when the parties involved reach a settlement, particularly under compoundable offences as per specific statutory provisions.
Quashing of proceedings under Section 482 Cr.P.C. permissible when dispute settled by legal representatives after the complainant's demise.
The court concluded that the validity of talaq notices must be determined based on whether they adhered to lawful Islamic principles, affirming the illegality of instant triple talaq under current la....
The court ruled that only Talaq-ul-Biddat is unconstitutional; other forms of talaq, such as Talaq-e-Hasan, remain valid if executed properly, stressing the need for trial court adjudication on factu....
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