INHERENT JURISDICTION UNDER CrPC

Introduction
Currently, there has been a massive increase in false First Information Reports
(FIR). Filing a false complaint against the other person has become a new trend.
It has become a recent technique of retribution.

As a result, laws have been enacted to protect and safeguard the interest of
such innocent people. Section 482 of the Criminal Procedure Code has
conferred the power to the High Court to quash such false complaints, malicious
proceedings against innocent people.

Section 482 of the Criminal Procedure Code talks about the inherent powers of
the High Court. It states it is the duty of the High Court to pass any orders,
prevent abuse of process, and secure ends of justice.

The High Court of India is a result of the merger of two courts i.e., the supreme
court and the mofussil courts. The first High Court was established in the year
1861 in Calcutta. Earlier, the jurisdiction of the High Court was limited. But
today, it has increased a manifold. It is the second most important court in the
hierarchy.

Thus, this article talks about the inherent powers of the High Court.

What is Section 482 of the Criminal Procedure

Code?
Section 482 is mentioned in Chapter 37 of the Criminal Procedure Code under
the title “Miscellaneous”. It deals with the inherent powers of the High Court.

“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.”

It simply means the High Court has powers to make orders to ensure justice. It
can prevent abuse of process of any court and ensure justice to everyone.
Further, it has powers to quash an FIR (First Information Report) and the
proceedings of the lower court. It has the power to quash the report of a police
officer on the completion of the investigation.

Also, in the case where parties have reached compromise, the High Court has
the power to quash the proceedings.

What do you mean by quashing a First Information

Report?
To quash a First Information Report, a petition is to be filed in the High Court. If
the court is satisfied that the accused is falsely implicated or a false First
Information Report has been filed against such person, the First Information
Report will be quashed and action would be against such person for filing a
false and bogus suit.

The Supreme Court of India in Parbatbhai Aahir Vs the State of Gujarat has laid
down certain points regarding the power of the High Court and quashing of a
First Information Report. The points are as follows:

 Section 482 preserves the inherent powers of the High Court to prevent
abuse of the process of any court or to secure the ends of justice. The
provision does not confer new powers. It only recognises and preserves
powers inherent in the High Court.
 While compounding an offence, the power of the court is governed by the
provisions of Section 320 of the Code of Criminal Procedure, 1973. The
power to quash under Section 482 is attracted even if the offence is
non-compoundable.
 Before quashing a criminal proceeding or complaint under Section 482 of
the Criminal Procedure Code, it is the duty of the High Court to evaluate
whether the ends of justice would justify the exercise of the inherent
power.
 Under this section, the High Court has the power to secure ends of justice
and prevent an abuse of process of any court.
 The decision as to whether a complaint or First Information Report should
be quashed on the ground that the offender and victim have settled the
dispute, revolves ultimately on the facts and circumstances of each
case.
 The High Court must have due regard to the nature and gravity of the
offence. Heinous and serious offences involving mental depravity or
 offences such as murder, rape and dacoity cannot appropriately be
quashed though the victim or the family of the victim have settled the
dispute. As such offences are, not private in nature but have a serious
impact upon society.
 The criminal cases involving offences that arise from the commercial,
financial, mercantile, partnership or similar transactions with an
essentially civil flavour if the parties settle the disputes, the High Court
can quash the proceedings.
 The High Court may also quash the proceeding in a case, compromise,
has taken place between the parties, and the possibility of conviction is
remote and the continuation of a criminal proceeding would cause
oppression and prejudice.
 Lastly, the High Court has the power to decline quashing of the
proceedings in case of financial or economic fraud or misdemeanour.

The Delhi High Court, in the case of Dinesh Sharma & Ors Vs the State & Anr,
held that heinous crimes like rape cannot be quashed by exercising the inherent
power of the High Court under Section 482 of the Criminal Procedure Code even
if compromise has been reached between the parties.

What are the powers of the High Court under

Section 482 of the Criminal Procedure Code?
Under Section 482 of the Criminal Procedure Code, the High Court has power to
act in such a manner to secure justice to the people, to quash First Information
Report, investigation, or criminal proceedings if it is of the opinion that a First
Information Report has been filed with malicious intention or false complaint.

If any person is accused of any offense that is non-compoundable, then he can

approach the High Court file a Writ Petition under Article 226 (Power of the High
Court to issue certain writs) of the Indian Constitution read with Section 482 of
the Criminal Procedure Code.

What are the grounds of quashing a First

Information Report?
The Court through various cases has laid down certain parameters/grounds for
quashing a First Information Report. So, in the case of State of Haryana Vs
Bhajan Lal following grounds were laid down for quashing of a First Information
Report:

 If the allegations made in the First Information Report or the complaint do

not prima facie constitute any offense or make out a case against the
accused.
 If the allegations made in the First Information Report do not disclose a
cognizable offence, which justifies the investigation by the police
officer under Section 156(1) of the Criminal Procedure Code.
 If the allegations made in the First Information Report and the evidence
collected do not disclose the commission of an offence.
 If the allegations in the First Information Report constitute a non-
cognizable offence.
 If the allegations made in the First Information Report are absurd and no
prudent man can ever reach a just conclusion that there is sufficient
ground for proceeding against the accused.
 If the criminal proceeding is instituted maliciously or with mala fide
intention with an ulterior motive for taking vengeance on the accused.

Thus, we can conclude there are no fixed grounds laid down regarding the
powers of the High Court. The Court has to strike a balance between the powers
of the Court under Section 482 of the Criminal Procedure Code and the facts
and circumstances of each case.

What are various ways through which First

Information Report can be quashed?
As mentioned above, the High Court under Section 482 has various powers,
quashing the First Information Report is one of them. Let’s get to know various
ways through which the First Information Report can be quashed.

 Report of a police officer on the completion of the investigation.

After the completion of the investigation, the report is made. But if it is found
that a person has been wrongfully or maliciously accused. Then, the High Court
has the power to quash the report.

 On the basis of Compromise.

When the parties to a case come to a compromise or settle the disputes, then
the parties can jointly file a petition before the High Court under Section 482 for
quashing the First Information Report. The Court after properly scrutinizing the
facts and circumstances of the case, quash the First Information Report.

However, the Court in the case of Vinay Sharma Vs State of NCT Delhi held that
the First Information Report cannot be quashed in this case even though the
parties have entered into a settlement. The Court was of the view that outraging
the modesty of women comes under heinous crimes. Such offenses cannot be
quashed even if the parties have reached a compromise as it will send the wrong
message to society.

 Financial Dispute.

In cases where economic offenses take place and both the parties decide to
settle the disputes, the First Information Report can be quashed. The parties can
file a petition. The High Court under Section 482 of the Criminal Procedure Code
shall after considering the facts, quash the First Information Report.

 Matrimonial Disputes.

A woman may file a case against her husband and relatives under Section 498A
(Husband or relative of husband of a woman subjecting her to cruelty) of the
Indian Penal Code. Sometimes it may be true or may be false. In such cases, the
parties may resort to settling the dispute. Thus, if the parties settle the dispute
and file a petition in the High Court. The Court will under Section 482 of the
Criminal Procedure Code quash the First Information Report.

However, in the case of Geeta Mehrotra & Anr Vs State of U.P., the Supreme
Court had held that making allegations against husband without having any
conclusive proof is a ground to quash criminal proceedings instituted against
him under Section 498A. The High Court shall under this case have the power to
quash the proceeding.

Landmark cases
The following two cases are considered to be authorities on the subject of
quashing of Criminal proceedings under Section 482. Despite all the
contradicting judgements of the Supreme court on this matter, the following
cases provide the most accepted views:
1. State of Haryana v. Bhajan Lal 1992 AIR 604
The Supreme Court held that the judgment of the High Court whereby it
quashed the First Information Report was not legally and factually sustainable
in law and thus such quashing was set aside.

Further with respect to quashing the proceedings or First Information Reports,

the Supreme Court laid down seven criteria. If the present case falls under any
of the seven headings, then the High court can quash criminal proceedings.

The criteria laid down are a set of principles and acts as a test to determine if
the court may quash the proceeding or not. The principle includes criteria such
as; when the allegations in the FIR do not prima facie constitute any offence,
or when the allegations do not disclose a cognizable offence which would justify
an investigation by police officers, or when an allegations made in the FIR and
the evidence collected do not disclose the commission of any offence, or if the
offence constituted is non-cognizable, or if the allegations are absurd or such
that a prudent man would not make or if the criminal proceeding is manifestly
attended with mala fide intention or the person is maliciously prosecuted.

2. In the case of R P Kapur v. State of Punjab 1960 AIR

862
In this case, the Supreme Court discussed the three classes of cases under
which the criminal proceedings against a person can be quashed. The classes
are:

1. Where there is a legal bar against institution or continuance of the

criminal proceedings.
2. Where the allegations in the FIR do not constitute an offence, even if
taken at face value and in their entirety.
3. Where the allegations made constitute an offence, but there is no
evidence which can prove them.

3. In the case of Narinder Singh v State of

Punjab (2014)6 SCC 466
The Supreme Court observed that the timing of a settlement is significant in
determining whether the jurisdiction under Section 482 should be exercised.
The Court further stated that-
“those cases where the settlement is arrived at immediately after the alleged
commission of the offence and the matter is still under investigation, the High
Court may be liberal in accepting the settlement to quash the criminal
proceedings/investigation. On the other hand, where the prosecution evidence
is almost complete or after the conclusion of the evidence the matter is at the
stage of argument, normally the High Court should refrain from exercising its
power under Section 482 of the Code, as in such cases the trial court would be
in a position to decide the case finally on merits…”

Conclusion
The High Court under Section 482 of the Criminal Procedure Code has a wide
scope and powers. The most important power is to secure ends of justice and
prevent abuse of the power. The Supreme Court has under various cases laws
laid down the parameters or grounds for exercising the powers under Section
482.

However, as the scope of this section is wide, it can be easily misused. Hence,
adequate guidelines should be laid down to prevent such misuse. The law is
ultimately laid down for the welfare of the people. Many people file false
petitions or complaints against innocent people. In such cases, the power of the
High Court to quash such proceedings comes in to picture. Hence, the powers
should be utilized cautiously.

References
1.Criminal Procedure by R V Kelkar (sixth edition)

2.The Code of Criminal Procedure by Ratanlal & Dhirajlal (21st edition)

3.https://www.mondaq.com/india/trials-amp-appeals-amp-compensation/697362/overview-of-
section-482-crpc-vis-%C3%A0-vis-the-landmark-judgments-of-the-supreme-court-of-india

4. https://www.lawinsider.in/columns/landmark-judgements-on-quashing-of-fir

5. https://blog.ipleaders.in/inherent-powers-of-the-high-courts/