Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

Ashish Vs. State of Maharashtra and Ors. - (High Court of Bombay) (02 Nov 2018)

Inherent power has to be exercised in accordance with guidelines en-grafted

MANU/MH/3030/2018

Criminal

The Accused of Regular Criminal Case pending on the file of Judicial Magistrate First Class, has approached for quashment of First Information Report registered at Police Station and for termination of concerned criminal proceeding. Moreover the short question which falls for consideration is about competency of present Court to invoke inherent powers in terms of Section 482 of the Code of Criminal Procedure, 1973 at the stage when charge has been already framed by trial Court.

The plain reading of Section 482 of the CrPC nowhere restricts or puts limitation on the powers of this Court in any manner. The object of Section 482 of the CrPC is dual i.e., to prevent abuse of the process of any Court, or to secure the ends of justice. Further the non-obstante clause conveys that the inherent powers of this Court are unfettered meaning thereby has not been limited or restricted by any criteria. Inherent power is of wide plentitude with no statutory limitation but it has to be exercised in accordance with the guidelines en-grafted i.e. to secure the ends of justice and to prevent abuse of process of any Court. No doubt, it would depend on the facts and circumstances of each case and has no straight jacket formula or criteria. While quashing the proceedings, the Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings in the given facts and circumstances.

In case at hand, the offence is about outraging modesty of a woman which is of personal nature. By no stretch of imagination, it can be said that it has far reaching societal impact. The parties have settled the matter. In the circumstances, present is a fit case where the Court should step in and exercise inherent powers for quashment of F.I.R. and consequential criminal proceedings. F.I.R. lodged at Police Station as well as terminate the criminal case pending in the Court of Judicial Magistrate First Class, Nagpur, quashed having effect of acquittal of Applicant/Accused. Application allowed.

Tags : INHERENT POWERS   QUASHMENT   FIR  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved