Section 482 of
criminal Procedure Code
- Saving of inherent
power 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 this Code, or
to prevent abuse of the process of any court or otherwise to secure the ends of
justice.
———————————————————————————————————————----
The law in regard to
exercise of the powers of this Court under Section 482 CrPC to quash criminal
cases involving non-compoundable offences is well-settled. In B.S. Joshi v.
State of Haryana the Supreme Court held that where the criminal cases have been
registered under Sections 406 and 498A IPC as a result of matrimonial discord
and there is a settlement arrived at between the parties it would be against
the interests of the woman and the object for which Section 498A was enacted if
the High Court did not, in such circumstances, quash the proceedings. It said
(JT p.284): There is every likelihood that non-exercise of inherent power to
quash the proceedings to meet the ends of justice would prevent women from
settling earlier. 10. Following this decision, a five-judge Bench of this Court
held in Ramesh Kumar v. State 2003 IV AD (Del) 377 that criminal cases
involving matrimonial offences could be quashed under Section 482 CrPC. But the
position in regard to other kinds of criminal cases is not so categorical. In a
short order in Inspector of Police, CBI v. B. Raja Gopal.
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