Can a Court of Session use the inherent powers under section 482 CRPC?

Can a Court of Session use the inherent powers under section 482 CRPC?

This Court held that even where an order cannot be challenged in revision, inherent powers under Section 482 of the Code could be exercised by the High Court in appropriate cases.

How do I use IPC 482?

Section 482 in The Indian Penal Code. 482. Punishment for using a false property mark. —Whoever uses 1[***] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]

Can FIR be quashed after filing of chargesheet?

The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.

How do you quash a false FIR?

The victim against whom the false FIR has been lodged, can file a writ petition under Article 226 of the Constitution and can thus approach the High Court to quash such false FIR. If the High Court finds that grave injustice has been caused to the victim of the false FIR, then it can go for quashing of the same.

Can FIR be quashed?

The FIR an be quashed on the basis of compromise at any stage by the High Court. Both the parties can file a joint petition under Section 482 CrPC for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR.

Can a non compoundable offence be quashed on the basis of settlement?

No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

What is FIR quashing?

FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

At what stage FIR can be quashed?

cases in which FIR/complaint can be quashed: “102. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

What is the difference between Section 482 and CrPC?

The jurisdiction under section 482 is discretionary, therefore the high court may refuse to exercise the discretion if a party has not approached it with clean hands. Under CrPC , inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers.

What is Section 482 of the Code of Criminal Procedure 1973?

SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973: Saving of inherent powers of the High Court.

What are the inherent powers of magistrate under CrPC?

Under CrPC , inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers. In Bindeshwari Prasad Singh v Kali Singh , the Supreme Court held that a magistrate has no inherent power to restore a complaint dismissed in default.

Can a petition under Section 482 be filed to quash two complaints?

In Indian Oil Corporation v. NEPC India Ltd. and Others (2006) 6 SCC 736 ) a petition under section 482 was filed to quash two criminal complaints. The High Court by common judgments allowed the petition and quashed the two complaints. The order was challenged in appeal to Supreme Court of India.