HCs to be cautious while quashing 'dowry harassment' cases: SC

The Supreme Court has said that the special power of High Courts to quash criminal cases related to dowry harassment 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 a criminal proceedings alleging dowry harassment under Section 482 of the Code of Criminal Procedure. "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 in a recent judgment. 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, secondly to prevent the abuse of process of court and thirdly 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 the 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.

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