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2021 (11) TMI 727

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..... the High Court to make such orders as may be necessary to prevent the abuse of process of law or to secure the ends of justice. However, Section 482 does not confer unlimited jurisdiction upon the High Court and the inherent powers, being in the nature of exception and not a rule, should be used sparingly and with great care and caution. Even in the various cited judgments, Supreme Court has held that whether to exercise the inherent power or not, would depend upon the facts and circumstances of the case. In the present case, when the coordinate Bench of this Court dismissed the revision as non maintainable and also dismissed the application seeking suspension of sentence and grant of bail on the ground that the applicant is abscondi .....

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..... to compromise the matter on the ground that the parties have amicably compromised the case and the respondent complainant has received an amount of ₹ 3,00,000/- on 19.11.2018 vide cheque No. 100087 and ₹ 4,00,000/- on 8.2.2019 vide banking cheque No. 062974. The respondent is satisfied with the amount and does not want to prosecute the case. 4. A coordinate Bench of this Court vide order dated 25.2.2019 passed in aforesaid criminal revision directed the parties to record their statement before the Registrar (Judicial). 5. In compliance of the order dated 25.2.2019, the parties appeared before the Registrar (J-II). The Registrar (J-II) vide order dated 25.2.2019 observed that the complainant has entered into compromise with .....

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..... cited judgments, Supreme Court has held that whether to exercise the inherent power or not, would depend upon the facts and circumstances of the case. In the matter of Arun Shankar Shukla Vs. State of U.P., reported in AIR 1999 SC 2554, the Supreme Court while dealing with the inherent power of the High Court under Section 482, inter alia, observed thus: 2. ...It is true that under Section 482 of the Code, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions abuse of the process of law or to secure the ends of justice do not confer unlimited jurisdiction on .....

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