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