Husband & Wife Settle Dispute, Gujarat HC Quashes FIR Against The Wife Who Allegedly Poisoned Daughters And Attempted Suicide [Read Order]

first_imgNews UpdatesHusband & Wife Settle Dispute, Gujarat HC Quashes FIR Against The Wife Who Allegedly Poisoned Daughters And Attempted Suicide [Read Order] Sparsh Upadhyay24 Aug 2020 8:56 AMShare This – xThe Gujarat High Court on Wednesday (19th August) allowed a Criminal application filed by a lady (under Section 482 of the Criminal Procedure Code, 1973) for quashing and setting aside the FIR being C. R. No. Part- A/112100042001003 of 2020 registered before Amroli Police Station, District: Surat for the offence under Section 307 of the Indian Penal Code.The bench of Justice A. P. Thaker…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Gujarat High Court on Wednesday (19th August) allowed a Criminal application filed by a lady (under Section 482 of the Criminal Procedure Code, 1973) for quashing and setting aside the FIR being C. R. No. Part- A/112100042001003 of 2020 registered before Amroli Police Station, District: Surat for the offence under Section 307 of the Indian Penal Code.The bench of Justice A. P. Thaker passed the order after the husband and the wife reached an amicable settlement and the wife moved the High Court with a prayer to quash the FIR filed against her.Notably, the husband submitted before the court that he had no objection if the FIR is quashed. It was categorically submitted before the court that the woman had taken the extreme step out of frustration.The background of the caseThe FIR in question had been lodged against the applicant, who is a lady, for attempting to murder her own two daughters.The Advocate for the applicant submitted that on the reading of the FIR, it would reflect that out of frustration, the applicant had administered the poisonous substance to her two children as well as she herself had consumed the said substance as she wanted to commit suicide.In fact, there was a family dispute between the husband and the wife and due to that, under frustration, the applicant had committed the alleged crime.Further, it was argued that an amicable settlement had been arrived at between the present applicant and respondent No.2 i.e. husband and wife. He also submitted that as the complainant himself has filed an affidavit, the request of quashing the FIR may be allowed in the interest of justice.Apart from that, the advocate for respondent No.2 (the Husband) also supported the version of the applicant (the Wife) and stated that the complainant has no objection if the present application is allowed and the FIR filed against the applicant be quashed and set aside as the said dispute has been settled between them.The Additional Public Prosecutor for respondent No.1 – State submitted before the court that the offence under Section 307 of the Indian Penal Code is against the society at large and, therefore, even if the settlement has been arrived at between the accused and the complainant, the FIR may not be quashed.The APP further submitted that she has received the instructions from the concerned police personnel that the parties had settled the dispute and so if the Court comes to the conclusion that the present application is required to be allowed, then, in that case, considering the narration and the mental state of the applicant that she has no income and her husband was not paying any heed to her and due to that, under frustration, she has committed the alleged offence, the applicant may be advised to join the Suman Mahila Gruh Udyog, Shanti Bhavan, Opposite Rander Road, Behind Navyug Arts College, Surat for her livelihood.The Observation of the courtThe court acknowledged the fact that it is settled law that for considering the petition under Section 482 of the Code, it is necessary to consider as to whether the allegations in the complaint prima facie make out a case or not, and the Court is not to scrutinize the allegations for the purpose of deciding whether such allegations are likely to be upheld in the trial.The court was of the view that it is also well settled that though the High Court possesses inherent powers under Section 482 of the Code, these powers are meant to do real and substantial justice, for the administration of which alone it exists or to prevent abuse of the process of the court.In this regard, the court referred to the Supreme Court’s judgment delivered last year (March 2019) in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others AIR 2019 SC 1296. In this matter, a three-Judge Bench of Supreme Court of India had issued guidelines regarding quashing of Criminal Proceedings on the ground of compromise between the parties.The Gujarat High Court in the present observed,”It emerges that at the time of the alleged incident, the applicant, along with her two minor daughters was residing separately from the complainant and due to severe frustration on the part of the applicant, she has tried to commit suicide and administer the poisonous substance to her two children. It also appears that there was a family dispute between the applicant and respondent No.2 as husband and wife. Thus, in this peculiar fact, the FIR came to be lodged by the husband against his wife.”Further, the court remarked,”In view of the settlement between the parties, there is no chance of any conviction and, therefore, the present application is required to be allowed.”Consequently, the bench said,”In the result, the application is allowed. The FIR bearing C. R. No. Part-A/112100042001003 of 2020 registered before Amroli Police Station, District: Surat for the offence under Section 307 of the Indian Penal Code as well as all consequential proceedings thereof are hereby quashed and set aside.” (emphasis supplied)Lastly, the court remarked,”It is hereby observed that if the applicant desires to avail the benefit under the Mahila Gruh Udyog, she may engage herself with the Mahila Gruh Udyog (Suman Mahila Gruh Udyog, Shanti Bhavan, Opposite Rander Road, Behind Navyug Arts College, Surat) at her discretion.”Case Details: Case Title: Lataben Jiteshbhai Lathiya v. State Of GujaratCase No.: R/Criminal Misc. Application No. 10288 of 2020Quorum: Justice A. P. ThakerAppearance: Advocate Hardik A. Dave (for the Applicant); APP Maithili Mehta (for the respondent-State); Advocate Pawan A. Barot (for the respondent no.2)Click Here To Download Order[Read Order] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Update on the latest in sports:

first_img Share This StoryFacebookTwitteremailPrintLinkedinRedditNBA-SCHEDULELakers host NetsLOS ANGELES (AP) — With wins in their last four games, and 11 of their last 12, the Los Angeles Lakers hope to continue that streak at home tonight against the Brooklyn Nets. It’s the first of three home games for the Lakers this week. Flyers seek ten in a rowPHILADELPHIA (AP) — The Philadelphia Flyers, now a point behind Washington in the Metropolitan Division, carry a nine-game winning streak into tonight’s game at home against the Boston Bruins. The Flyers are 25-5-and-4 at home, where 21-year-old goalie Carter Hart has been nearly unbeatable — he has a record of 20-2-and-2 in home games.After losing eight of their last ten, the Pittsburgh Penguins are as close to missing the postseason as they are to first place in the Metropolitan Division, with just a month left in the regular season. They are looking to turn things around tonight in New Jersey against the Devils.In other NHL action, Tampa Bay skates at Toronto, the Canadiens host Nashville, the Red Wings host Carolina, the St. Louis Blues are at home against Florida, the Rangers are at Dallas and the Vancouver Canucks host the New York Islanders.NFL-RAVENS-YANDA RETIRES Associated Press Update on the latest in sports: The Los Angeles Clippers, meanwhile, play at Golden State — they’ve beaten the Warriors in both meetings so far this season.The Houston Rockets are trying to snap a four-game losing streak when they host Minnesota. The Rockets had won six in a row before hitting a rough patch. During their winning streak, the Rockets were looking to move up in the Western Conference standings and get one of the top three seeds. But now they’ve tumbled into sixth place in the West and need to find a way to get back on track with five weeks left in the season.After losing four straight at home, the Boston Celtics get back on the road against the Indiana Pacers.Other NBA contests find the Knicks at Washington, the Bulls hosting the Cavaliers, Orlando at Memphis, the Mavericks in San Antonio, and the Trail Blazers hosting Phoenix.NHL-SCHEDULEcenter_img March 10, 2020 Ravens guard Yanda retires after 13 seasonsOWINGS MILLS, Md. (AP) — Ravens guard Marshal Yanda is retiring after 13 seasons in which he was named to the Pro Bowl eight times and helped Baltimore win the 2012 Super Bowl.The Ravens made the announcement Tuesday morning on Twitter. Yanda will formally step down during a news conference Wednesday.The 35-year-old Yanda played in 191 games, including playoffs, and has been an anchor on the Ravens offensive line since being picked out of Iowa in the third round of the 2007 NFL draft. He was a first-team AP All-Pro twice and named to the second team four times, including last season.SPORTS-VIRUS OUTBREAK Some European soccer games to be played in empty stadiumsMADRID (AP) — All upcoming professional soccer games in Spain and Portugal and others in Germany will be played in empty stadiums because of the coronavirus outbreak.The Spanish league says matches in the first and second divisions will be played without fans. The announcement comes after the league was told by the government that a series of preventive measures were being implemented to help contain the spread of the virus.The move in Spain came a day after Italy said sports events in the country would be suspended until April 3.last_img read more

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Exhibit reflects empathy

first_imgOn Tuesday, USC World Vision ACT:S hosted an art exhibit and mattress vigil in the Ronald Tutor Center Grand Ballroom as part of Empathy Week, a weeklong campaign to raise awareness and advocacy against human trafficking.Expression · Students browse through the displayed art at USC World Vision ACT:S’ art exhibit. The event is a part of Empathy Week. – Min Haeng Cho | Daily TrojanThe event was sponsored by the Undergraduate Student Government, and USC student organizations involved in the event included the USC Korean Campus Ministries, the United Nations Children’s Fund at USC, Student Coalition Against Labor Exploitation, Student Coalition for Asian Pacific Empowerment and USC’s United House of Prayer.Volunteers from the organizations provided guided tours with a multimedia experience featuring film, photography and artifacts that served to connect students to the stories of real victims of child sex trafficking.Volunteer Brandon Little said that the exhibit was launched in order to allow students to feel empathy for those involved in human trafficking.“What we really want to strive for is that next level, which is empathy when you actually feel for someone, enter into their situation, and help find a solution,” Little said.During a presentation during the exhibit, volunteers Natalie Zamudio and Jasmine Kellison shared the tragic stories of young girls in Southeast Asia, Russia, Mexico and the United States. One table displayed the syphilis medication of a 13-year-old Mexican girl named Rita. Her vulnerability was exploited by pimps, who hooked Rita on drugs and forced her to turn to prostitution to satisfy her addiction. With the help of iEmpathize — an organization working to end child exploitation — and its supporters, however, she now lives in a recovery facility.“By sharing these stories, we hope people will move from apathy to empathizing,” Kellison said. “We want them to step into these people’s shoes and realize that they don’t have to just sit back and let this happen.”The exhibit also included a mattress vigil where participants could sit on a bed symbolizing places where children are exploited, and students were able to become advocates for the victims by taking their place on the bed. This exercise was free, but a $5 donation was suggested. one hundred percent of the proceeds went to the iEmpathize efforts in the United States and Mexico.Guido Hajenius, branch coordinator for the NGO iEmpathize Los Angeles, was enthusiastic about engaging the USC community and advocating for awareness.“The Empathy Exhibit is about empowering and giving students the tools to do more than just know about an issue,” Hajenius said. “We want them to share these stories and establish personal connections.”last_img read more

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Cristiano Ronaldo’s new car costs Shs11bn

first_imgThe Bugatti Chiron shifts from 0-400kph in just 42 secondsKampala, Uganda | THE INDEPENDENT | Cristiano Ronaldo has a new car in his already stunning collection. The latest addition to his collection is a Bugatti Chiron. The Real Madrid football star shelled out $3 million (Approx.Shs11 billion or over half of the US$18 million all MPs got for new cars in 2016) for his new supercar. This is not the first Bugatti that the footballer owns. He already has a Bugatti that costs $2.28m. But, the Bugatti Chiron may well be the costliest of the lot.The Portugese footballer already own a Lamborghini, a Rolls Royce, an Aston Martin DB9 and a Porsche Cayene Turbo among others that he is proud owner of.Ronaldo revealed his new car through an Instagram video on Sept.28 which shows him driving the car with his son in the passenger seat. He also described the car as “animal” in the caption with the video. “New animal in the building Bugatti Chiron,” he wrote.Earlier this year, Ronaldo was given the chance to test drive Bugatti Chiron and guess shelling out some money for the beast. He also got a ‘CR7’ personalised on the headrest of his seats.The Bugatti Chiron has a world record of reaching a top speed of 261mph/400kph in just 42 seconds which makes the car one of the quickest in his collection.The Bugatti Chiron takes the Veyron’s already impressive specs, to another level: four huge turbochargers and a total power output of 1103kW/1600Nm.The 8-litre W16 engine from the Veyron has been completely redesigned, propelling the new hypercar to limited top speed of 420km/h for ‘road use’. To keep it on the tar, its tyres have been specially developed courtesy of a Bugatti-Michelin partnership.The seven-speed dual-clutch transmission has also been improved, and like its predecessor, sends power to both axles. The Chiron is larger than the Veyron (82mm longer, 40mm wider and 53mm higher) and 155kg heavier for total of weight of 1995kg.It appears a brand new supercar is what you buy a man who already seems to have everything.Ronaldo looked very pleased with himself as he drove his new toy out of an underground garage with Cristiano Jr in the passenger seat.Writing on Instagram, Ronaldo said: ‘New animal in the building Bugatti Chiron.’The careven has personalised ‘CR7’ headrests. It seems no expense was spared.According to one review, if there’s any doubt about the Bugatti Chiron’s raison d’être, it’s written right on the steering wheel, on a large blue button emblazoned with one word: ENGINE. It is a marriage of modern technology to the ancient human craving to express vanity and wealth.Design director Etienne Salomé, a Parisian who is as Bugatti as Bugatti gets, explained that he didn’t want an all-TFT instrument cluster that is just a dark hole when the car is off.“When a Chiron goes to Pebble Beach in 50 years and children look in the window, I want them to see something,” he said, referring to the large analog speedometer in the center of two color screens that, when on, present car and trip data (it said we averaged 20 mpg) plus a navigation map.****Share on: WhatsApplast_img read more

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