The single judge bench of the Andhra Pradesh High Court held that the inherent power under Section 482 Cr.P.C. is discretionary, sparingly and cautiously to prevent misuse and while using it should also be conscious and when the inherent powers can be invoked, where there is an abuse of process of the Court or to meet the ends of justice the Court can invoke inherent jurisdiction.
Brief facts
The factual matrix of the case is that the learned I Additional Sessions Judge confirmed the conviction and sentence imposed against petitioners/accused for the offense under section 307 and 341 of the Indian Penal Code (hereinafter referred to as “IPC”). Thereafter, the criminal revision was filed.
Contentions of the Petitioner
The Petitioner contended that the matter has been compromised by the intervention of elders and the complainant has no objection to considering the present revision by compounding the offenses.
Observations of the court
The Hon’ble Court observed that Section 482 of the Criminal Procedure Code makes it abundantly clear that the court may utilize its inherent authority to further the interests of justice for the parties, or in cases where the continuation of proceedings may amount to abuse of process of court. Also, the inherent power used under Section 482 Cr.P.C. is discretionary, sparingly, and cautiously to prevent misuse and while using it should also be conscious.
The court relied upon the judgments titled Central Bureau of Investigation v. Ravi Shankar Srivastava, IAS, and Gian Singh v. State of Punjab.
Based on these considerations, the court permitted them to compromise the matter and set aside the conviction and sentence passed against the petitioners/accused.
The decision of the court
With the above direction, the court allowed the criminal revision.
Case title: Smt. Batla Lakshmi & Another and Others V. The State Of Andhra Pradesh
Coram: Hon’ble Mr. Justice V. Srinivas
Case No.: I.A.NO.4 & 5 of 2024 IN/AND CRIMINAL REVISION CASE No.2155 of 2009
Advocate for the Petitioner: B VAMSI KRISHNA
Advocate for the Respondent: KADIMISETTY SAI SREENADH
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