Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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 6 Replies

Krish Mahajan   31 July 2020

Hello ma’am

Section 482, under the 37th Chapter of the Code of Criminal Procedure, 1973, titled ‘Miscellaneous’ deals with Inherent powers of the Court. It states

“Saving of inherent powers of High Court-  Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.“

This Section deals with such a power of the high court which is essential to it or which is its characteristic attribute. The section allows the court to pass any order so as to ensure justice. It also gives the court power to quash the proceedings of lower court or to quash FIRs.

Section 482 of the Cr.P.C.  is an exact reproduction of Section 561- A of the Code of Criminal Procedure, 1898.  It was added by the Code of Criminal Procedure (Amendment) Act of 1923 as the High Courts were unable to render complete justice even in the cases where illegality was apparent. The inherent powers of the High Court as provided under Section 561 – A   of the 1898 Code was vested in the High Court in accordance with Article 21 of the Constitution of India.

The procedure for invoking the inherent powers is regulated by rules framed by the High Court and the power to make such rules is conferred on the High  Court by the Constitution.

The powers of the High Court under Section 482 Cr.P.C are partly administrative and partly judicial. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923, as the High Courts were unable to render complete justice even if in a given case the illegality was palpable and apparent.

The Hon’ble Supreme Court in State of Karnataka v. Muniswamy AIR 1977 SC 1489, held that the section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely, “to give effect to an order under CrPC, to prevent abuse of the process of the court, and to secure the ends of justice“.

The Hon’ble Allahabad High Court went on to state that, “The section is a sort of reminder to the High Courts that they are not merely courts in law, but also courts of justice and possess inherent powers to remove injustice“.

The inherent power of the High Court is an inalienable attribute of the position it holds with respect to the courts subordinate to it. They are necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The jurisdiction under Section 482 is discretionary; therefore, the high court may refuse to exercise the discretion if a party has not approached it with clean hands.

Hope this helps

Regards

Krish Mahajan

1 Like

minakshi bindhani   13 November 2021

As per your concern!

The power to quash an FIR (First Information Report) is among the inherent powers of the High Courts of India. Courts possessed this power even before the Criminal Procedure Code (CrPC) was enacted. Added as Section 482 by an amendment in 1923, it is a reproduction of section 561(A) of the 1898 code. Since high courts could not render justice even in cases in which the illegal was apparent, the section was created as a reminder to the courts that they exist to prevent injustice done by a subordinate court.

“Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice”.

Hope it is useful!
Regards
Minakshi Bindhani

Archana Pandey   25 January 2022

Dear Ms. Rekha,

This act prevents the misuse of the workings of any Court and values and preserves such powers which all are conferred in High Court. This also emphasis on the quashing of the FIR or any criminal proceedings if any, comes under in High Court jurisdiction on the comprimisable ground. If victim and accused are not same, like crime has been compounded on the basis of the jurisdiction, well any crime while compounding, ruling by the Court under Section 320 crpc, 1973. Conclusively, under Sec 482, quashing of the power has been attracted, whether crime is non compoundable.

Aryan Raj   31 January 2022

Hey Archana,

Can you please mention some case laws in this regard for a better understanding?

Thank you,

Aryan Raj

Archana Pandey   01 February 2022

Dear Aryan,

There is a case which I read about State of Haryana vs Ch. Bhajanlal and others reported in AIR 1992 SC 604 in which judgement has been given and also look out the provisions of Sec 482 crpc thoroughly. It has been observed that cognizable offences made in complaints clearly. So quashing of FIR is not justofied in such condition. Further Court explained the guidelined in which quashing of FIR can be done. 

  • If Accused and complainant both compromise on the matter.
  • Court should be serious on the nature of the crime i.e. Rape offences or seriors crimes can be rejected whether Victim and accused family's compromised on their own to settle the matter. Such crimes affects the Society and are in public nature so punishment and judgement must on the basis of that to give fair impact on Society.
  • Civil disputes and Commercial or partnership cases can be sorted mutually by both the parties.

Sudhir Kumar, Advocate (Advocate)     04 February 2022

in case intending to know case law you can visit India kanoon

 

or

 

atleast share the facts so that any lawyer can decidee which case law fits into your case.


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