Quashing petition under section 482. Section 482 of Crpc and Powers of Quashing of Fir 2019-01-11
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FIR to be quashed under Section 482 CrPC, if allegations are absurd
Some of the facts stated by you are not understood by me like the Police filed a challan but magistrate refused to accept it? Tulsi, the guiding principles in quashing a criminal case have been indicated. My advocate says that sodomy is a non compoundable offence therefore it cannot be compounded under section 320 crpc, please advise. It is only after practicing law as a litigating lawyer that you come to comprehend the various facets of law such as the facts which need a necessary mention in the pleadings and the facts which ought not to be mentioned. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely: 1. It is not in dispute that the facts in B. They are necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice.
Magistrate power to take cognizance of the offence After the stage of investigation is completed and the final report is forwarded by the police to competent magistrate, the second stage of fair trial begins that is taking of the cognizance of the offence by the magistrate. Sessions Judge, undergoes refresher course at Delhi Judicial Academy in criminal law and procedure, at the earliest and the District and Sessions Judge would see to it that name of this officer is recommended in the first available such course and this officer should undergo training in Dehli Judicial Academy, under the supervision of the Director, Delhi Judicial Academy at least for a period of three months and, Director, Delhi Judicial Academy, should submit to this Court, performance report, with regard to this judicial officer. When the allegations made in the first information report or the evidences collected during investigation do not satisfy the ingredients of an offence, the superior courts would not encourage harassment of a person in a criminal court for nothing. Tewari, Additional Session Judge does not have even elementary knowledge of the Code of Criminal Procedure, under these circumstances, it would be appropriate, if Sh. The Apex Court held that nomenclature under which the petition is filed is totally irrelevant and does not prevent the Courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory. Shanti Bhushan has submitted that notice may be taken by the Court to the usual practice of the Bank that when formal document is issued in the name of the Chief Manager, the Officer dealing with the matter, i.
INHERENT POWERS OF THE HIGH COURT UNDER SECTION 482 OF CrPC
Similarly the allegation that the other accused instigated her husband is also vague and general without being specific. In the present case, we are concerned about interference by the High Court exercising jurisdiction under Section 482 in relation to matrimonial disputes. Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. Hearing the Appeal, the Apex Court upheld the impugned order, after adverting to various precedents and summarizing the following broad principles: i Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The special features in such matrimonial matters are evident. However such inherent powers are exercised sparingly and with caution. The power to make such rules is conferred on the high court by the constitution.
Even after that enquiry, police tried to file a challan against him which local court refused to accept. The court can quash the criminal proceeding when there is no probability of conviction. The ground on which the quashing sought is that the accused as well as the complainant have arrived at a settlement and in the circumstances the continuation of the criminal proceedings is not warranted. On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code to investigate, subject to the proviso to Section 157 thereof. If the trial court does not discharge the accused, it may then be challenged before the High Court under Section 482 Cr. The High Court held that the case involves extortion, forgery and conspiracy and all the Appellants have acted as a team. Sood, the complainant is present in Court.
Discharge vs. Quashing Of Complaints In Criminal Prosecutions
The agreement, however, could not be fulfilled due to the new building regulations for the area where the property was situated. Omnibus allegations had been made against all the accused in respect of demand of dowry, harassment, torture and beating given to her during the period she stayed in the matrimonial home. Counsel for the petitioners shall also produce relevant documents about their medical condition before the next date of hearing. When one of the parties i. It is also not in 5Page 6 dispute that in addition to the mutual settlement arrived at by the parties, respondent-wife has also filed an affidavit stating that she did not wish to pursue the criminal proceedings against the appellants and fully supported the contents of the settlement deed. Memo of party C 4. No legislative enactment dealing with procedure can provide for all cases that may possibly arise.
I have video recording of a. It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exist. The section is a sort of reminder to the high courts that they are not merely courts in law, but also courts of justice and possess inherent powers to remove injustice. The Bench comprising Chief Justice of India Dipak Misra, Justice A. Apart from the fact that monitoring of investigation invariably makes the judicial pyramid virtually stand on its head, it has larger connotations. After considering the law laid down in State of Haryana vs. The jurisdiction as such is rather limited and restricted and its undue expansion is neither practicable nor warranted.
Criminal Law/Procedure/Quashing Complaint 482 of CRpc
The latter clause is mandatory. Tewari has no basic knowledge of the criminal law, he has chosen to comment on the order passed by this Court, which amounts to judicial indiscipline. As per the scope of this section is concerned, it has a very wide scope. He stated that the other complainant, Shri R. Even the high court does not interfere with such investigation, because it would be impeding investigation and the jurisdiction of the statutory authorities to exercise power in accordance with the provisions of criminal procedure code. The procedure laid down under Section 83 has to be followed strictly. Consequently, the Appellant wrote a letter stating that he did not wish to develop the property, but did not take any further action to return the amount of Rs.
Criminal Lawyers in Delhi, India: quashing of F.I.R under sec.498
Exercise of inherent power under Sec. Sometimes adverse media coverage adds to the misery. Since, she did not have any means to maintain herself, she made an application for maintenance. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings ought to be quashed. Hence, it has become very necessary for the courts to carefully scrutinize the allegations and to find out if the allegations made really constitute the offence and meet the requirements of law at leastprima facie.
