Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of—Section 482 CrPC pre-supposes three circumstance under which the inherent jurisdiction may be exercised, i.e. (i) to give effect to an order (ii) to prevent the abuse of the process of court and (iii) to otherwise secure the ends of justice—Court while exercising the power under Section 482 CrPC does not function as a court of appeal or revision—Powers under Section 482 CrPC are of wide plentitude but have to be exercise sparingly with caution and only in the event when such three conditions are satisfied—Object behind the exercise of such power should be to do real and substantial justice for the administration of which the courts exist.
[Para 8]
Information Technology Act, 2000
Sections 66C, 66D & 67A—Offence of creating fake ID and uploading vulgar material with that fake ID—Petition to quash FIR—Ground of amicable settlement—Where offence is predominantly private in nature, the court may be of the opinion that a settlement between the parties would lead to better relations between them and would resolve the private dispute and thus court may exercise power under Section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be—FIR and all other proceedings emanating therefrom are quashed—Petition allowed with cost.
[Paras 9 & 10]