Thursday, March 30, 2017

Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

Harsh Vardhan Arora v. Smt Kavita Arora,

The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint.
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