The single judge bench of the Andhra Pradesh High Court held that Section 482 Cr.P.C. is very clear that it may use its inherent power to meet the ends of justice or found to continue the proceedings would be an abuse of process of the Court or otherwise to meet the ends of justice to the parties. Furthermore, 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.
Brief facts
The factual matrix of the case is that the Additional Session Judge confirmed the conviction and sentence imposed for the offense under section 493 of the Indian Penal Code (hereinafter referred to as “IPC”). The present revision case is filed on the ground that they have compromised the matter.
Observations of the court
The Hon’ble Court observed that section 482 Cr.P.C. requires the High Court to use the inherent power when the circumstances justify it. It is apparent from Section 482 Cr.P.C. that the court may use the inherent power to further the interests of justice for the parties, even if doing so would be deemed to be an abuse of the process of the court.
It was furthermore observed that 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 was of the opinion that on the advice of well-wishers, they had entered into the compromise, since they were leading their respective family lives peacefully, and the court ordered by permitting them to compromise the matter.
The decision of the court
With the above direction, the court allowed the revision.
Case Title: Pathala Ramana V. The State Of A P
Coram: Hon’ble Mr. Justice V Srinivas
Case No.: I.A.NO.2 & 3 of 2024 IN/AND CRIMINAL REVISION CASE No.708 of 2011
Advocate for the Petitioner: N Siva Reddy
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