Code of Criminal Procedure, 1973 – s.482 – High Court declined to exercise its powers u/s.482 CrPC to quash criminal proceedings arising out of FIR u/ss.406 and 420 of IPC – Propriety – Held: The power u/s.482 CrPC is to be exercised to prevent the abuse of process of any Court and also to secure the ends of justice – Inherent powers should be exercised in a given and deserving case where the Court is satisfied that exercise of such power would either prevent abuse of such power or such exercise would result in securing the ends of justice – It is clear from the facts of the present case that there was a clear abuse of the process of the Court and further that the Court had a duty to secure the ends of justice – High Court erred in firstly not considering the entire material on record and further in not appreciating the fact that the dispute, if any, was civil in nature and that the complainant had already settled his score with the main accused against whom the proceedings had been closed long back – In this scenario, no justification to continue with the impugned proceedings against the accused-appellant – All such proceedings quashed qua him – IPC – ss.406 and 420. S.W. Palanitkar and others. v. State of Bihar and another (2002) 1 SCC 241: [2001] 4 Suppl. SCR 397; P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578; Gian Singh v. State of Punjab (2012) 10 SCC 303: [2012] 8 SCR 753; and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others v. State Gujarat and others, (2017) 9 SCC 641: [2017]
10 SCR 1218 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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