No coercive steps to be adopted during the investigation or chargesheet is filed under section 173 of Cr. P.C.: Gujarat high court
No coercive steps to be adopted during the investigation or chargesheet is filed under section 173 of Cr. P.C.: Gujarat high court
TITLE: Manojkumar Ganeshchand Chaudhary Versus State of Gujarat
Decided On-: August 17, 2023
8715 of 2023
CORAM: Hon’ble Justice Mr. J Dave
INTRODUCTION-
The petitioner has requested that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Sections 3(1)(w)(1), 3(2)(5), and 3(2)(5-A) offenses, as well as any other related proceedings, to be quashed and set aside through the filing of this petition under Article 226 of the Indian Constitution, read with Section 482 of the Code of Criminal Procedure.
FACTS OF THE CASE
The respondent used to visit the petitioner’s flat during the night and depart in the morning, the petitioner claimed that their relationship was consensual. The respondent admitted she didn’t get along with her husband. As a result, this is a case where discretion should be used in the petitioner’s favour. Furthermore, the knowledgeable attorney argued that it is not credible to have been in a relationship for about four years while being falsely promised marriage, so the court should dismiss the impugned FIR.
Respondent-State has objected on the grounds that the court should only use its authority under section 482 of the Cr. P.C. sparingly and in the right circumstances at the right time. The investigation in this case is ongoing and at a critical stage, so the complaint might not be dismissed at this time.
COURT ANALYSIS AND DECISION
The request is made for the exercise of inherent powers under section 482 of the Cr. P.C., which have a very wide amplitude, after hearing from the learned advocate for the petitioner and the learned APP for the respondent State. Ensuring the ends of justice and preventing the abuse of the legal system are possible through the use of these inherent powers.
However, each case would depend on its specific facts and circumstances, and the Court has not established any categories for the same
For the purpose of exercising inherent powers, heinous and serious offences like rape, dacoity, murder, or offences causing serious harm to society at large, etc., may not be taken into consideration.
The Court may typically consider using these powers in cases of commercial offences, mercantile and civil disputes, matrimonial disputes, disputes involving partnership firms, etc. The parties have decided to settle their differences. Even if all of the issues between the parties have been settled, the court must consider whether continuing the criminal investigation would unfairly or seriously harm the accused. These powers must only be occasionally used, as was previously stated. Because the FIR between the parties involves an offence against society, it cannot be said that it is a private one.
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Written by- Steffi Desousa