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Tag: 3-Judge (Full) Bench Decision

Parbatbhai Aahir and Ors Vs State Of Gujarat and Anr on 4 October, 2017

Posted on April 7, 2018 by ShadesOfKnife

Read the broad principles High courts should consider for quashing of FIRs under Section 482 CrPC in this Judgment of Supreme Court.

IMPORTANT NOTE: If the FIR Quash is based on Jurisdiction ground, please note that there are Supreme Court and High Court judgments that mandate to transfer the FIR to the respective Police Station where there is jurisdiction for the case. Quash will not happen in such cases, under Jurisdiction ground alone. Find more grounds.

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 provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;
(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
(iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
(v) The 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 and circumstances of each case and no exhaustive elaboration of principles can be formulated;
(vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
(viii) 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 quashing where parties have settled the dispute;
(ix) In such a case, the 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 oppression and prejudice; and
(x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

 

Principles for quashing of FIRs under Section 482 CrPC 40266_2016_Judgement_04-Oct-2017

Citations : [2017 SCC 9 641], [2017 SCC ONLINE SC 1189], [2017 AIR SC 4843], [2017 CTC 6 213], [2017 ALLMR CRI 4438], [2017 ACR 3 2714], [2017 BOMCR CRI 4 372], [2017 ILR KER 4 169], [2017 JLJR 4 191], [2017 KHC 5 192], [2017 PLJR 4 207], [2017 RCR CRIMINAL 4 523], [2017 SCALE 12 187], [2017 SCC ONLINE SC 1189], [2017 AIR SC 4843]

Other Sources :

https://indiankanoon.org/doc/7293093/

https://www.casemine.com/judgement/in/59d91ddece686e237b6a8717

https://www.indianemployees.com/judgments/details/parbatbhai-aahir-parbatbhai-bhimsinhbhai-karmur-and-ors-vs-state-of-gujarat-and-anr

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision CrPC 482 - Saving of inherent powers of High Court Landmark Case Legal Procedure Explained - Interpretation of Statutes Parbatbhai Aahir and Ors Vs State Of Gujarat and Anr Quash Reportable Judgement or Order | Leave a comment

Rajinder Singh Vs State of Punjab on 26 February 2015

Posted on April 4, 2018 by ShadesOfKnife

Here is the Landmark Supreme Court judgment giving our clear definition of Dowry as ascribed in Dowry Prohibition Act. Read paras 7 and 8 which are the operative parts.

8. A perusal of this Section shows that this definition can be broken into six distinct parts.

1) Dowry must first consist of any property or valuable security – the word “any” is a word of width and would, therefore, include within it property and valuable security of any kind whatsoever.

2) Such property or security can be given or even agreed to be given. The actual giving of such property or security is, therefore, not necessary.

3) Such property or security can be given or agreed to be given either directly or indirectly.

4) Such giving or agreeing to give can again be not only by one party to a marriage to the other but also by the parents of either party or by any other person to either party to the marriage or to any other person. It will be noticed that this clause again widens the reach of the Act insofar as those guilty of committing the offence of giving or receiving dowry is concerned.

5) Such giving or agreeing to give can be at any time. It can be at, before, or at any time after the marriage. Thus, it can be many years after a marriage is solemnized.

6) Such giving or receiving must be in connection with the marriage of the parties. Obviously, the expression “in connection with” would in the context of the social evil sought to be tackled by the Dowry Prohibition Act mean “in relation with” or “relating to”.

Rajinder Singh - Money to build a joint house

Citations: [2015 SCJ 2 686], [2016 NCC 1 626], [2015 ALLCC 89 352], [2015 SCR 2 835], [2015 AIC 148 33], [2015 SCC 6 477], [2015 AIR SC 1359], [2015 AD SC 3 553], [2015 CRIMES SC 2 90], [2015 SCC ONLINE SC 171], [2015 ALD CRL SC 2 32], [2015 JCC 2 1293], [2015 ACR SC 2 1301], [2015 CCR SC 1 477], [2015 CRILJ 1934], [2015 RCR CRIMINAL 2 129], [2015 UC 1 744], [2015 RLW SC 3 2359]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/38957892/ or https://www.casemine.com/judgement/in/5790b23ee561097e45a4e216

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Dowry Prohibition Act 1961 DP Act 2 - Definition of Dowry Justice Rohinton Fali Nariman Landmark Case Legal Procedure Explained - Interpretation of Statutes Overrules Appasaheb Overrules Vipin Jaiswal Overruling Judgment Rajinder Singh vs State of Punjab | Leave a comment

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