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2021 (7) TMI 837 - HC - Indian LawsMaintainability of this criminal miscellaneous petition - exercise of inherent jurisdiction by this Court under Section 482 Cr.P.C. - Matter compromised between parties - HELD THAT:- It is well established and recognised practice that against appellate order confirming the judgment of conviction, the revision petition lies under Section 397 read with Section 401 Cr.P.C. - this Court will not entertain a petition under Section 482 Cr.P.C. where the petitioner has other remedy available under the Code except under exceptional circumstances. After considering earlier judgments of the Hon'ble Supreme Court of India in the case of Madhu Limaye vs. State of Maharashtra [1977 (10) TMI 111 - SUPREME COURT], the Court proceeded to hold that there can be no total ban on the exercise of extraordinary jurisdiction conferred on a High Court under Section 482 Cr.P.C. if such exercise of power is necessary to give effect to any order under this Code or to prevent the abuse of process of the Court or otherwise to secure the ends of justice - In the present case, no such exceptional circumstance exists which could warrant exercise of inherent jurisdiction by this Court under Section 482 Cr.P.C. instead of relegating the petitioner to invoke the well established regular mode of challenge to the judgment of conviction affirmed in appeal, by way of revision petition. The only exceptional circumstance, pointed out by the learned counsel for the petitioner to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. instead of revisional jurisdiction is that the matter has been compromised between the parties. It is trite that cognizance of the factum of settlement of dispute between the parties by way of compromise, can be taken by this Court in its revisional jurisdictional also and appropriate order can be passed. Therefore, mere settlement of dispute by way of compromise between the parties, cannot be reckoned as such exceptional circumstance under which this Court can exercise its inherent and extraordinary jurisdiction vide Section 482 Cr.P.C. against the order of conviction affirmed in appeal in view of availability of regular remedy of revision petition inasmuch as the factum of compromise can be taken into consideration by this Court under its revisional jurisdiction also. This criminal misc. petition is dismissed being not maintainable.
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