- In Amit vs State of Haryana and Ors. the Punjab and Haryana HC has held that the inherent powers vested in the HCs under section 482 CrPC can be exercised to entertain applications not contemplated for in the CrPC, if the same is needed to be done to meet the ends of justice.
- These extraordinary powers, acc. to the Court, must be exercised with restraint and not lightly.
- This observation was made by the Hon’ble HC while dealing with an application for quashing an FIR registered under sections 354A and 506 of IPC and section 8 of the POCSO Act.
- The Court considered the fact that the victim was 17 years and 10 months old at the time of the incident, and was now married to the petitioner, and the couple was leading a happy married life, and in light of the same, the Court observed that continuing criminal proceedings would only cause grave injustice to the parties concerned.
- It was also observed that in such situations, the chances of conviction also become remote and bleak.
- Thus, the Court observed that it was a fit case to invoke its inherent powers under section 482 of the Constitution, so as to secure the ends of justice, in light of the settlement that had been reached between the parties and continuation of the proceedings would result in a sheer abuse of the process of law.
- Thus, the application was allowed and the FIR was quashed.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
