Section 482 of the Code of Criminal Procedure (CrPC) empowers the High Court with inherent jurisdiction to make orders necessary to give effect to any order under the Code, or to prevent abuse of the process of any court, or to secure the ends of justice. This provision serves as a safety valve to prevent miscarriage of justice and provides extraordinary remedy in exceptional circumstances.
Key Powers under Section 482 CrPC:
- Quashing of FIR or criminal proceedings
- Staying criminal proceedings
- Directing investigation or reinvestigation
- Preventing abuse of process of law
- Securing ends of justice
Common Grounds for Filing 482 CrPC Petition:
- No Prima Facie Case: When the allegations in the FIR do not constitute any cognizable offense or are legally unsustainable.
- Abuse of Process: When criminal proceedings are initiated with malafide intentions or to harass the accused.
- Settlement between Parties: In compoundable offenses where parties have reached an amicable settlement.
- Lack of Jurisdiction: When the court lacks territorial or pecuniary jurisdiction to try the case.
- Violation of Fundamental Rights: When continuation of proceedings would violate constitutional rights.
Important Judicial Precedents:
- R.P. Kapur v. State of Punjab (1960) - Established the scope of inherent powers under Section 482.
- State of Haryana v. Bhajan Lal (1992) - Laid down comprehensive guidelines for quashing FIRs and criminal proceedings.
- Gian Singh v. State of Punjab (2012) - Clarified the principles for exercising inherent powers to secure ends of justice.
The High Court exercises this power sparingly and only in exceptional cases where it is necessary to prevent abuse of process or secure ends of justice. The petition must demonstrate that continuation of criminal proceedings would be an abuse of the legal process or would not serve any useful purpose.
