SC cautions HCs on use of power to quash criminal proceedings

The Supreme Court has said that the inherent power of High Courts to quash criminal proceedings should be exercised "sparingly, carefully and with caution" as such powers are necessary to do "the right and undo a wrong". The apex court's ruling came while setting aside the Patna High Court order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure in a dowry harassment case. "Exercise of power under section 482 CrPC in a case of this nature is the exception and not the rule," a bench comprising Justices Arijit Pasayat, C K Thakkar and L S Panta said. The court said that the section did not confer any new power on the High Courts and only saves inherent power which the Courts possessed before the enactment of CrPC. The court also listed the three circumstances under which the inherent jurisdiction could be exercised. First, to give effect to an order under CrPC and second, to prevent the abuse of process of court and third, to secure the ends of justice. "All courts, whether civil or criminal, possess, in the absence of any express provision as inherent in the constitution, all such powers as are necessary to do the right and undo a wrong in the course of administration of justice," it said. However, the court clarified that it was neither possible nor desirable to lay down any inflexible rule which would govern the exercise of the inherent jurisdiction. "No legislative enactment dealing with the procedure can provide for all cases that may possibly arise. The courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law," the bench said. The courts' inherent power existed for advancement of justice and it was for them only to prevent attempts to abuse their authority, the bench said. The apex court said that it was for the High Courts to examine the materials to asses that what the probe report has alleged against the persons.

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