The definitive guidelines under which a High Court can exercise its authority to quash a petition is given by the Supreme Court in the Bhajan Las Vs State Of Haryana, 21/11/1990, judgment. This judgment lays the ground rules for a HC to quash a criminal case.
Here is the link to the judgment from Judis:
http://judis.nic.in/supremecourt/qrydisp.aspx?filename=7332
OR
SC: HCs Have To Be Cautious In ‘Dowry’ Cases
The best explanation of the view of the courts, in my opinion, has been given by Justice Dhingra.
This is what he says:
“While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death. “
Here is the document that attempts to explain HC Quash Petitions (Section 482):
Understanding HC Quash Petitions: Section 482 Of CrPC
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Very good post Vinayak. This should help many victims understanding the timing of the filing the Quash petitions.
KIND ATTN:
MY CASE IS ON TRIAL IN 498A FATHER DIED DUE TO THIS HARRASEMENT WAS PUT BEHIND BARS FOR NOTHING WAS AN HEART PATIENT MOTHER AND BROTHER TOO WERE SENT TO JAIL I GOT ANTICIPATORY HAVE SUFFICIENT EVIDENCE TO NOT PROVE GUILTY LIKE VOICE RECORDING,FINANCIAL STATEMENTS ETC.
HAVE TWO KIDS SHE WANTS TO COME BACK.
KINDLY SUGGEST REMIDIES. KIDS R GIVEN TO ME HIGH COURT.
DO MY BANK STATEMENTS AND EXPENDITURE BILLS HAVE WEIGHT ON MY SIDE.
KUMAR.
I feel sorry after reading your post. Did you try for quashing of FIR in the High Court? All the evidence you have, will definitely help you to win the case.
Good luck!!
Gupta
Sir my brother’s wife committed suicide (was confimed by forensic report also). My brother’s in-laws lodged 498a case against him The death was within 7 years of marriage.
Recently, his in-laws have supported us and said they will fully cooperate with us .
The proceeding of the case will start in lower court from 25th June 2008.
Pl advise how my brother’s in-laws can favour us so that the judgement is in favour of us.
pl. help me… and guide us
Manas,
When his in-laws are supporting you and your family, then where is the problem?
MG
I am a central govt. employee. My wife was staying with her parents for last 1.5 yrs. We have a kid (~ 5yrs old) and seeing her attitude towards him, I took the baby. I order to get the baby back and fulfill her grievances; she lodged a false 498A case against me and my family members. I have sufficient evidence to prove me innocent. However, I am worried about the suspension of my service and the future of kid. I don’t want any reconciliation. Please advice.
civil matters are pending in civil courts and even in apex court regarding a claim over an immovable property. the rival claimant has hired the police to harass by filing a criminal case regarding the same civil claim over the property. the police tried to subdue and threatened to withdraw the claim over the property accepting a compensation given by the rival claimant out of mercy. can the police conduct a parallel court. want some landmark judgments of SCI regarding police cannot interfere when matters are being enquired by civil court.
my wife booked me & my family in 323/120b/506/498a/406 me & my mother/ brother arrested and got bail after5days &me after15 days other got antseptory .she go to their home on 15 feb we lodege a written com in p.s & call 100no also.but she says that we took her to their parential home & demand for a accent car &100000 for pur of a flat .she also provide a medical&2 witness who says that they beat the girls with their dandas and ran away .she lived in kukshetra & i m in delhi .should we go for quashing we have a audio recoring in which her mother told her that now u dont rase a oues of income ask that u beat me by asking of ur mother /bhabhi .she also says that some body ask us to do this thing .is this recording helps us in this case pls tell as a wellwisher i& my whole family is thankful to u .
dear all
i bhim sen say only one thing to all young youth for about save our futur i want everybody stop the marrage procedure and adoped westrn culture because we save our family. because after getting marrage to female than female want become more powerfull than man.
but our culture law and govt. provide more protection to female because our system is lul…. is sufficent to man and not provide good right to man for live the good lifef. every husbad is sarvent of wife. so i tell to all young youth don’t move or go to marrage dicision. after marrage man is play a rule of women and women become a man or more powerfull.
thanx
bhim sen “LUHAR”
09327758597
Sir my bhabhi has filed a case against my family under section 498A of IPC in year 2006. Now she has also filed a case under domestic violence Act, 2005. We have sufficient amount of documentary evidence. She has also given an affidavit where she has herself admitted that she had instituted a false case against her sasural family members. We have other evidences also to prove our innocence. We have preserved her letter written to her father-in-law and mother-in-law after she went to Ghaziabad to live with her husband. When the case under section 498A has been ordered by the court to open and prosecution has been asked to produce their witnesses, they are not appearing before the court. The complainant herself is not appearinng in the couart despite we emphasized before the court so many times that why not the prosecution presenting its evidences and witnesses. Witnesses are her two brothers and her own father. Magistrate said that the complaint shall be rejected if the complainant does not appear before the court with the witnesses. But she did not appear. Now the magistrate has closed the production of evidence and has said that an order shall be passed in the case.
The complainant and her family members are not appearing because they know that we are having very cogent evidences. But we think that she will again after dismissal of the case appear before the court and pray the court to restore the case and shall a false medical certificate. she is willing to harrass us. Restitutio