HC's shouldn't exercise inherent power: SC

New Delhi, July 14 (UNI) In a significant ruling, the Supreme Court has held that High Courts should not exercise inherent power under section 482 of CrPC to stifle a legitimate prosecution.

A Bench comprising Justices Arijit Pasayat, C K Thakker and Lokeshwar Singh Panta handed the ruling while dropping charges under Section 498 A of IPC (harassment for dowry) against one Manjula Sinha(step mother-in-law).

Manjula had approached the apex court against the Allahabad High Court judgement dismissing her petition in which she demanded quashing of the FIR registered at police station sector 39, Noida, for offences under Section 498 A and 406 of IPC.

The Supreme Court, in its judgment dated July 11, ruled, ''inherent powers under Section 482 envisage three circumstances under which the inherent jurisdiction may be exercised -- first to give effect to an order under the court, second to prevent abuse of the process of the court and third to otherwise secure the ends of justice. All courts, whether civil or criminal, possess in the absence of any express provision as inherent in their constitution, all such powers are necessary to do the right and to undo a wrong in the course of administration of justice.

In exercise of the powers, the court will be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice.'' The court, while quashing the charges under section 498 A, remanded the case to the trial court for deciding the allegation under section 406 IPC on merits, without expressing any opinion on the merits of the case.

The apex court, however, dismissed the petition of the husband of the victim taking note of the fact that the FIR did not contain any allegation of harassment for dowry against Manjula who was staying separately.

UNI