Saving of Inherent Powers of High Court

Explanation

Section 482 is perhaps the single most powerful provision in Indian criminal procedure — the High Court's inherent jurisdiction to intervene in any criminal proceeding to prevent injustice or abuse. It operates through three purposes: (1) to give effect to any Code order — ensuring Code provisions are not frustrated; (2) to prevent abuse of the process of any court — the most commonly invoked ground; (3) to secure the ends of justice — the broadest and most flexible ground. The most common use of Section 482: quashing of FIRs where: the allegations do not disclose any cognizable offence; the FIR is filed with mala fide intent to harass; the parties have reached a settlement (especially in matrimonial, cheque bounce, and commercial cases); continuation of prosecution would cause injustice. The Supreme Court in State of Haryana v. Bhajan Lal (1992) enumerated seven categories of cases where FIR quashing is appropriate. Section 482 cannot be used to: reappreciate evidence; interfere with ongoing police investigation; or act as a second appeal. It is a residual safety valve — invoked when no other remedy is available or adequate.