Saturday, Apr 27, 2024

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1. The present application has been filed under Section 482 of Cr.P.C. for quashing the proceedings in Criminal Case No. 2338/2015 pending in the Court of J.M.F.C., Distt. Morena for offences punishable under Sections 498-A,323 of I.P.C. and under Sections 3,4 of Dowry Prohibition Act.

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Sample DV Quash Petition u/s.482

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Honeyben Ashokbhai Patel vs State of Gujarat & Anr Gujarat HC 30/11/2017 CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 19574 of 2015 About/from the judgment: Whether former husband can be prosecuted for Sec.

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Delhi HC held that if the accused has not absconded and has always been cooperating with the investigation; no cause of action to issue Look Out Circular from prosecution side arised. Look Out Circular Quashed.

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AP HC held that if crime happened outside India and police has not followed procedure u/s 188 CrPC. It is an abuse of process of law. Proceedings quashed.

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Kerala HC quashed #498a in live-in relationship. Held that 498a is not attracted without valid marriage.

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Supreme Court held that if the complaint is vague and no specific date time is mentioned the said complaint is liable to be quashed as there is no chance of conviction.

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Karnataka HC held that mere taking away the custody of children away from mother does not attract 498A. Proceedings initiated quashed.

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Delhi HC held that if woman has stayed with husband for a long long time and then alleges maltreatment and dowry demand, the same has to be looked with circumspection. 498A quashed.

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Calcutta HC held that documents which don not form part of Police report can not be looked into HC while quashing. The defence if any has to be taken in trial court.

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