Justice Dhingra Explains Section 482 Of IPC (HC Quash Petition)

The courts have always been reluctant to quash a case under Section 482 IPC.

I have written about it here: Understanding High Court Quash Petitions (Section 482 Of CrPC)

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 judgment I pulled this from : Justice Dhingra Explains Section 482

____________________________________________________

Advertisements

17 Responses to “Justice Dhingra Explains Section 482 Of IPC (HC Quash Petition)”


  1. 1 arvind June 12, 2008 at 3:59 pm

    dear sir,

    i would like to know if any judgement is knwn to u relating to a quashing of a case u/s 406/420 ipc. the case was filed by us u/s156(3)crpc. and warrants were issued against the acused. the fact of the case in short is: we were the distributor of a company with legal agreement. we had worked hard to market their products and encoured lots of expenses for setting up the infrastructures. we had paid cash security and bank guarantee to them. suddenly once their market got established the company stopped supplying goods and without terminating the agreement encashed the bank guarantee from our bank. they started operating directly to the place which was our teritory. the company has taken a stay and matter is pending at the high court for quashing of the case. would like to request you that if you can provide me some referances/judgements to u which could be of great help.
    please help me sir.
    arvind gupta

    Like

  2. 2 Anantha Raghava September 15, 2008 at 10:40 am

    Sir,

    Can some one provide me with a draft copy of petition under section 482 of CrPC? I am stuck for more than 4 months with Magistrate and sessions court under DV Act. While the Magistrate passed an Interim order without even taking into cognizance the material evidences I have produced, and I have challenged the same in Sessions Court under Section 29. Since then nothing is moving forward and I am being pulled almost everyday to magistrage court on all inappropriate sections and i am continuously filing the objections and making rounds in argumnets. Petitioners are not ready to go to evidence and magistrate is not willing to take evidence. It’s now 4 months. This has resulted in I loosing my job, loosing my mother, and almost on the verge of loosing my father’s property also.

    Thanks & regards,

    Anantha Raghava

    Like

  3. 4 Prem January 3, 2009 at 12:27 pm

    Dear ALL,
    Can any one provide me a copies of judjments- AP HC agianst 498A ,As Now iam at trouble with 498A case and i losed every thing in my life due to this case.pls clarify the doubt, in cases of a love marriage how 498A can be battled.

    Thanks & Regards.

    Like

  4. 5 Ramesh January 16, 2009 at 5:47 am

    I will try my best to help you on 498a with general sense & ideas in my mind.

    my email id: ramesh.v@hotmail.com

    Like

  5. 6 maninder March 21, 2009 at 5:13 pm

    sir, can judge of high court use his inherent power under section 482 in d case under section 419 and 120-B and sir plz refer some resent cases uner this inherent power of judge as early as posible plz.

    Like

  6. 7 rahul March 29, 2009 at 2:14 pm

    sir, can u cite any case in which brother and bhabhi of husband are acquitted in 498a case.in d case in question brother and bhabhi have been held accused in chargesheet only bcos they happened to live with husband and his wife,the complainant in the same house.

    Like

  7. 8 Vishav prakash May 5, 2009 at 8:48 am

    Sir,we, 4 childerns are living with our mother who is a qualified doctor and my father,who is a R.M.P is living separately .A case of 323/325/506 ipc had been registered aganist my father and 6 other accused. In this regard he filled a private complaint of 323/324/506 aganist my mother,two brother and two employees, one of them a lady of 70 yrs old which had rejected by Judicial Magistrate 1st class at summoning level. My father filled a revision in session court where the revision allowed. How can 482 is useful for us. please suggest

    Like

  8. 9 RAJESH GUPTA September 15, 2009 at 5:01 am

    Dear All,
    I am suffering from 498a decease. if any one can help me plz. communicate me on email.

    Like

  9. 11 NATARAJ P UNKAL October 5, 2010 at 11:08 am

    DEAR SIR,

    THERE WAS A CASE FILED UPON ME AND MY BROTHER DURING 2001 IPC SEC 324 AND 325 STILL GOING ON AND ANOTHER CASE WAS FILED THROUGH PRIVATE COMPLAINT AGAINST US STATING THAT TWO OTHER NAMES HAS BEEN LEFT OUT FROM THE CASE BY INVESTIGATING OFFICER IN FIRST CASE WHILE REFERING THE CASE TO COURT NOW BOTH THE CASES ARE GOING ON IN TRIAL COURT IN FIRST CASE WE TWO AND ANOTHER CASE FOR FOUR INCLUDING ME AND MY BROTHER.HENCE PLEASE GUIDE ME WHEATHER WE CAN GO FOR QUASH TO HIGH COURT STATING THAT FOR SAME INCIDENT TWO CASES ARE FILED UPON US OR WHAT KINDLY GUIDE.

    NATARAJ.P.U
    9449949819

    Like

    • 12 Ramesh Sangamwar February 4, 2011 at 8:29 am

      Dear Sir,

      My self Ramesh Sangam, is the elder brother of Mr Shrinivas Sangam,who was arrested on 03-02-2011 by hyderabad womens cell and detained in jail under section 498A,420 etc.My name and my mothers name is also lodged in the false complaint case lodged by my brother inlaws and wife.This is totally false case registered by the inlaws& wife just to harress us. I am working in Maharastra and my mother also stays in Maharastra. Since one year i never visited hyderabad .My brother is being black mailed by his wife and inlaws for money and gold as we refused shed did the false complain against me.mother and Shrinivas.

      Please guide me as i want to file a writ petition in Hon High court.and plese suggest me weather i can file it in Maharastra as my mom and i are citizens of Maharastra and live a seperate life working in Maharastra.

      Please do help us. We are frustrated by the injustice as my brother is allready is in Hyderabad Jail.

      Like

    • 13 saurabh jain May 12, 2013 at 8:33 am

      DEAR FRIENDS, AS PER MY OPINION, U CAN FILE APP. U/S 210 CRPC B4 MAGISTRATE, WHERE TRIAL IS ON, SECOND COMPLAINT WOULD BE MERGED TO FIRST… CASE LAW IS…..T.T. ANTONY CASE… SAURABH 08989102210

      Like

  10. 14 hiep si rong April 6, 2013 at 2:32 am

    Still reminisce .. of games that you can play, one of the advantages of games is that
    they are readily accessible.

    Like

  11. 15 fat loss factor review May 29, 2013 at 3:23 pm

    Hurrah! After all I got a weblog from where I be capable of really obtain useful data regarding my study and
    knowledge.

    Like

  12. 16 game mien phi co tuong September 19, 2013 at 2:53 am

    In the course of a long psychotherapy practice,I have heard, “we got married for the wrong reasons” so
    many times that I had to figure out what the wrong reasons really could be.
    The D-Rex Robotic Dinosaur is another cool
    one, which can be voice, activated or manipulated with a remote control.
    This is typical of positions that have a lot
    of flaws in pawn structure, which is why you should avoid having these weaknesses in your own
    games.

    Like

  13. 17 hiep dam June 1, 2016 at 5:23 am

    I do not know whether it’s just me or if everybody else experiencing problems with your website.
    It appears as if some of the written text in your content are
    running off the screen. Can someone else please comment and let me know if this
    is happening to them as well? This could be a problem with my web
    browser because I’ve had this happen previously.
    Many thanks

    Like


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Visitors Since Mar/14/07

  • 3,129,466

Cluster Map

Live Traffic

Archives

Top Rated Posts

Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
April 2008
M T W T F S S
« Mar   May »
 123456
78910111213
14151617181920
21222324252627
282930  

%d bloggers like this: