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

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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

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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.

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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.

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