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
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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
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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
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you can send me your case details and i will help you out with your case on b_k70@yahoo.com
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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.
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I will try my best to help you on 498a with general sense & ideas in my mind.
my email id: ramesh.v@hotmail.com
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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.
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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.
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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
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Dear All,
I am suffering from 498a decease. if any one can help me plz. communicate me on email.
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you can mail ur case details on b_k70@yahoo.com and will help.
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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
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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.
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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
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