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Yashpalsinh Dilipsinh Rathod vs State Of Gujarat on 30 April, 2024 cites

Central Bureau Of Investigation vs Shri Ravi Shankar Srivastava, Ias And ... on 10 August, 2006

[7.0] It is necessary to consider whether the power conferred by the High Court under section 482 of the CrPC is warranted. It is true that the powers under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage as the Hon'ble Supreme Court has decided in the case of Central Bureau of Investigation vs. Ravi Shankar Srivastava, IAS & Anr., reported in AIR 2006 SC 2872.
Supreme Court of India Cites 32 - Cited by 191 - A Pasayat - Full Document

Madan Mohan Abbot vs State Of Punjab on 26 March, 2008

(ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) Page 3 of 7 Downloaded on : Tue Apr 30 20:52:46 IST 2024 NEUTRAL CITATION R/SCR.A/4932/2024 ORDER DATED: 30/04/2024 undefined 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as also considering the fact that now the dispute is amicably settled and accused No.1 - petitioner No.1 has assured the complainant that he will not harass the victim and even the complainant has affirmed the fact of settlement by filing her affidavit and hence, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioners in relation to the impugned FIR would cause unnecessary harassment to the petitioners. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Even, considering the tender age of accused persons and the fact that they do not have any past antecedents, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
Supreme Court of India Cites 6 - Cited by 14260 - H S Bedi - Full Document

Nikhil Merchant vs C.B.I. & Anr on 20 August, 2008

(ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) Page 3 of 7 Downloaded on : Tue Apr 30 20:52:46 IST 2024 NEUTRAL CITATION R/SCR.A/4932/2024 ORDER DATED: 30/04/2024 undefined 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as also considering the fact that now the dispute is amicably settled and accused No.1 - petitioner No.1 has assured the complainant that he will not harass the victim and even the complainant has affirmed the fact of settlement by filing her affidavit and hence, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioners in relation to the impugned FIR would cause unnecessary harassment to the petitioners. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Even, considering the tender age of accused persons and the fact that they do not have any past antecedents, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
Supreme Court of India Cites 25 - Cited by 14306 - A Kabir - Full Document
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