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Anr. (Criminal Appeal No. 1723 of 2017) Set Out Guidelines To Be Followed by Courts in Exercise of

The document discusses the inherent powers of High Courts under Section 482 of the Code of Criminal Procedure to prevent abuse of legal processes and secure justice. It outlines guidelines from a 2017 Supreme Court ruling on exercising these powers. The ruling held that Section 482 preserves inherent High Court powers and can be invoked even for non-compoundable offenses. When deciding to quash under this section, courts must evaluate if justice would be served.

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Nikhil Kumar
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40 views1 page

Anr. (Criminal Appeal No. 1723 of 2017) Set Out Guidelines To Be Followed by Courts in Exercise of

The document discusses the inherent powers of High Courts under Section 482 of the Code of Criminal Procedure to prevent abuse of legal processes and secure justice. It outlines guidelines from a 2017 Supreme Court ruling on exercising these powers. The ruling held that Section 482 preserves inherent High Court powers and can be invoked even for non-compoundable offenses. When deciding to quash under this section, courts must evaluate if justice would be served.

Uploaded by

Nikhil Kumar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of

the code) is wide with no statutory limitation . It preserves the inherent powers of the High Court to
prevent an abuse of the process of any court or to secure the ends of justice and therefore the High
Court must have due regard to the nature and gravity of the offences.

On 4th October 2017 The Hon'ble Supreme Court in Parbatbhai Aahir & Ors. Vs. State of Gujarat
& Anr. (Criminal Appeal No. 1723 of 2017) set out guidelines to be followed by courts in exercise of
its inherent power under S 482 of Crpc . The Hon'ble Supreme Court summarized the propositions
after careful observations of various precedents on this subject.

i. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the
process of any court or to secure the ends of justice. The provision does not confer new
powers. It only recognises and preserves powers which inhere in the High Court;
 
ii. The invocation of the jurisdiction of the High Court to quash a First Information Report or a
criminal proceeding on the ground that a settlement has been arrived at between the
offender and the victim is not the same as the invocation of jurisdiction for the purpose of
compounding an offence. While compounding an offence, the power of the court is governed
by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to
quash under Section 482 is attracted even if the offence is non-compoundable.
 
iii. In forming an opinion whether a criminal proceeding or complaint should be quashed in
exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends
of justice would justify the exercise of the inherent power;

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