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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Rajesh Singh Chauhan
Sangram Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Azhar Ikram and Sri Aseem Goswami, learned counsels for the applicant, Sri Nikhil Singh, learned AGA, Sri Jasveer Singh Bakshi/complainant appear in person and Sri Anil K. Tripathi, who has filed Vakalatnama today on behalf of complainant, same is taken on record.
2. By means of this application filed under Section 482 Cr.P.C./528 B.N.S.S., 2023, the applicant prayed that the proceeding of Criminal Case No. 1172/2018; Jasbeer Singh vs. Sardar Jasvender Singh and others , under Section 406 I.P.C., Police Station Alambagh, District Lucknow be set-aside/ quashed and during the pendency of this application, the aforesaid proceeding may be stayed.
3. Strong objection has been raised by Sri Nikhil Singh, learned AGA placing reliance on the judgment of Hon'ble Apex Court in re Vipin Sahni and another vs. Central Bureau of Investigation , 2024 (2) ACR 952 (SC) referring paras-15, 23, 25 & 26, whereby the Apex Court considering various dictums of the Apex Court, precisely held that when the specific remedy of revision is available, it could not have been ignored and have filed a petition under Section 482 Cr.P.C.. The Apex Court in re: Mohit a
The High Court's inherent power under Section 482 Cr.P.C. should not be exercised when an alternative remedy exists, and such powers should only be invoked in compelling circumstances.
The court established that compromises in non-heinous offenses can lead to quashing of convictions under inherent powers, emphasizing justice and the nature of the offense.
The court established that compromises in cases of a personal nature can lead to quashing of convictions under IPC 498(A) if it serves the ends of justice.
The court established that inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings in cases of private disputes that have been amicably settled.
The court established that inherent powers can be exercised to quash proceedings in settled disputes, emphasizing discretion and the need to prevent injustice.
Inherent powers under Section 482 Cr.P.C. can only be invoked in exceptional circumstances, not as a second revision after dismissal by the Sessions Court.
The existence of a statutory remedy does not create an absolute bar against invoking inherent powers of the High Court, but it is a significant factor in deciding whether to exercise such powers.
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
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