Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 482 - Inherent jurisdiction - Exercise of by the High Court - Quashing of FIR/criminal proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s. 482 - Inherent jurisdiction - Exercise of by the High Court - Quashing of FIR/criminal proceedings - Complaint alleging that accused and others hatched a conspiracy resulting into transfer of valuable land belonging to complainant and his siblings on the basis of the forged documents - Registration of FIR u!ss. 384, 467, 468, 471, I20-B, 506(2) - Quashing of FIR sought on the ground of amicable settlement between the parties - Rejection by the High Court - On appeal, held: High Court was justified in declining to quash the FIR - Instant case, is not merely one involving a private dispute over a land transaction between two contesting parties who entered into a settlement later - Case involves a/legations of extortion, forgery, .fabrication of documents, utilisation of.fabricated documents to effectuate transfers of title before the registering authorities and deprivation of the complainant of his interest in land on the basis of a fabricated power of attorney - Allegations implicate serious offences having a bearing on a vital societal interest in securing the probity of titles to or interest in land - Such offences cannot be construed to be merely private or civil but implicate societal interest in prosecuting serious crime - Penal Code, 1860 - ss. 384, 467. 468, 471, I20-B, 506(2). G H s. 482 - Inherent powers of the High Court - Quashing of FIR/criminal proceedings - Principles to be kept in mind - Stated. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 1003 |
Petitioner | Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur And Ors. |
Respondent | State Of Gujarat And Anr. |
SCR | [2017] 10 S.C.R. 12 |
Judgement Date | 2017-10-04 |
Case Number | 1723 |
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