Anita vs Rakesh Kumar - 2023 Supreme(Del) 4744

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2023 Supreme(Del) 4744

DINESH KUMAR SHARMA
Anita – Appellant
Versus
Rakesh Kumar – Respondent

Advocates appeared:
Mr. Zahid Hanief and Mr. Sarfaraz Nabi, Advocates, for the Petitioner.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under Section 482 Cr.PC challenging the order dated 03.05.2023 whereby an ex- parte order against the respondent has been set aside.

2. Learned counsel for the petitioner submits that ex- parte order has been set aside without any sufficient reason as required under the law.

3. Learned counsel for the petitioner submits that the respondent is intentionally not appearing before this Court and there is an arrear of approximately Rs. 5,00,000/- including the litigation expenses and the respondent has not paid any money. Learned counsel submits that two execution application and contempt application is also pending before the learned Trial Court.

4. Section 482 Cr. PC provides as under:

`Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.'

5. The bare perusal of Section 482 Cr. PC makes it clear that the High Court can interfere to prevent the

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