27.02.2026 vs Of on 13 March, 2026

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    Himachal Pradesh High Court

    Reserved On: 27.02.2026 vs Of on 13 March, 2026

                                                                                       2026:HHC:9424
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                  Cr. MMO No. 6 of 2026
    
    
    
    
                                                                                       .
                                                  Reserved on: 27.02.2026
    
    
    
    
    
                                                  Date of Decision: 13.3.2026.
    
    
    
    
    
        Ravi Dutta                                                            ...Petitioner
    
                                              Versus
    
    
    
    
                                                         of
        State of HP and another                                             ...Respondents
    
    
        Coram                  rt
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1                   No
    
        For the Petitioner                          :      Mr. Kulbhushan                Khajuria,
                                                           Advocate.
    
    
        For Respondent No.1/State                   :      Mr. Lokender Kutlehria,
                                                           Additional Advocate General.
    
        For Respondent No.2                         :      Mr. Vishwinder, Advocate.
    
    
    
    
        Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition for

    quashing of FIR No. 73 of 2023, dated 11.05.2023, registered for

    SPONSORED

    the commission of offences punishable under Sections 451, 323,

    504 and 506 of Indian Penal Code (IPC) at Police Station Rohru,

    District Shimla, H.P. based on the compromise effected between

    the parties.

    1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    2026:HHC:9424

    2. Heard.

    3. Section 320 of the Cr.P.C. provides for compounding

    .

    of the offences. Section 320(1) mentions that the offences

    punishable under Sections 323, 504 and 506 can be compounded

    without permission of the Court. The offence punishable under

    Section 451 of IPC can be compounded before the learned

    of
    Magistrate with permission from the Court.

    4. Therefore, it is apparent that the petitioner has an
    rt
    alternate remedy of approaching the learned Magistrate and

    seeking the composition of the offences.

    5. It was held in Madhu Limaye v. State of Maharashtra,

    (1977) 4 SCC 551: 1978 SCC (Cri) 10 that inherent jurisdiction

    should not be exercised when a specific remedy exists. It was

    observed:

    At the outset the following principles may be noticed in
    relation to the exercise of the inherent power of the High
    Court which have been followed ordinarily and generally,
    almost invariably, barring a few exceptions:

    “(1) That the power is not to be resorted to if there
    is a specific provision in the Code for the redress of
    the grievance of the aggrieved party;
    (2) That it should be exercised very sparingly to
    prevent abuse of process of any Court or otherwise
    to secure the ends of justice;

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    2026:HHC:9424

    (3) That it should not be exercised as against the
    express bar of law engrafted in any other provision
    of the Code.”

    .

    6. It was laid down by the Full Bench of Delhi High

    Court in Gopal Dass vs State AIR 1978 Del 138, that the power

    under Section 482 of Cr.P.C. (Corresponding to Section 528 of

    BNSS) is vested in the Court to make such order as may be

    of
    necessary to give effect to any order under the Code, prevent

    abuse of the process of any Court or otherwise to secure the ends
    rt
    of justice. This jurisdiction cannot be exercised when a specific

    remedy is available under the other provisions of the Code. It

    was observed:-

    “8. In order to determine the question under
    consideration as to what is the scope of the inherent

    powers of the High Court becomes relevant. The
    inherent powers of the High Court inhere in it because of

    its being at the apex of the judicial set-up in a State. The
    inherent powers of the High Court, preserved by section
    482
    of the Code, are to be exercised in making orders as

    may be necessary to give effect to any order under the
    Code, or to prevent abuse of the process of any Court or
    otherwise to secure the ends of justice. Section 482
    envisages that nothing in the Code shall be deemed to
    limit or affect the inherent powers of the High Court
    exercised by it with the object of achieving the above
    said three results. It is for this reason that section 482
    does not prescribe the contours of the inherent powers
    of the High Court which are wide enough to be exercised
    in suitable cases to afford relief to an aggrieved party.

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    2026:HHC:9424

    While exercising inherent powers it has to be borne in
    mind that this power cannot be exercised in regard to
    matters specifically covered by the other provisions of

    .

    the Code. (See R.P. Kapur v. State of Punjab, AIR 1960 S.C.

    866) (1). This principle of law had been reiterated
    succinctly by the Supreme Court recently in Palanippa
    Gounder v. The State of Tamil Nadu
    , (1977) 2 SCC 634: AIR

    1977 S.C. 1323 (2) therein examining the scope of section
    482
    it was observed that a provision which saves the
    inherent powers of a Court cannot override any express

    of
    provision in the statute which saves that power. Putting
    it in another form the Court observed that if there is an
    express provision in a statute governing a particular subject
    rt
    there is no scope for invoking or exercising the inherent
    powers of the Court because the Court ought to apply the

    provisions of the statute which are made advisedly to govern
    the particular subject matter.” (Emphasis supplied)

    7. It was held in Arun Shankar Shukla v. State of U.P.,

    (1999) 6 SCC 146: 1999 SCC (Cri) 1076: 1999 SCC OnLine SC 647 that

    jurisdiction under section 482 of Cr.P.C. is extraordinary and

    should not be exercised when specific remedy has been provided

    under the Code. It was observed:

    “2. It appears that unfortunately the High Court by
    exercising its inherent jurisdiction under Section 482 of
    the Criminal Procedure Code (for short “the Code”) has
    prevented the flow of justice on the alleged contention of
    the convicted accused that it was polluted by the so-
    called misconduct of the judicial officer. 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

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    of law” or “to secure the ends of justice” do not confer
    unlimited jurisdiction on the High Court and the alleged
    abuse of the process of law or the ends of justice could only be

    .

    secured in accordance with law including procedural law and

    not otherwise. Further, inherent powers are in the nature of
    extraordinary powers to be used sparingly for achieving the
    object mentioned in Section 482 of the Code in cases where

    there is no express provision empowering the High Court to
    achieve the said object. It is well-nigh settled that inherent
    power is not to be invoked in respect of any matter covered by

    of
    specific provisions of the Code or if its exercise would infringe
    any specific provision of the Code. In the present case, the
    High Court overlooked the procedural law which
    empowered the convicted accused to prefer a statutory
    rt
    appeal against conviction of the offence. The High Court
    has intervened at an uncalled for stage and soft-pedalled

    the course of justice at a very crucial stage of the trial.
    xxxxx

    9. In our view, the order passed by the High Court
    entertaining the petition of the convicted accused under

    Section 482 of the Code is, on the face of it, illegal,
    erroneous and to say the least, unfortunate. It was known
    to the High Court that the trial court passed proceedings

    to the effect that final judgment and order convicting the
    accused were pronounced by the trial court. It was also

    recorded by the trial court that as the accused were
    absent, the Court had issued non-bailable warrants. In

    such a situation, instead of directing the accused to
    remain present before the Court for resorting to the steps
    contemplated by the law for passing the sentence, the
    High Court has stayed further proceedings including the
    operation of the non-bailable warrants issued by the trial
    court. It is disquieting that the High Court has overlooked the
    important legal aspect that the accused have a right of appeal
    against the order of conviction purported to have been passed
    by the trial court. In such circumstances, the High Court ought
    not to have entertained a petition under Section 482 of the
    Code and stonewalled the very efficacious alternative remedy
    of appeal as provided in the Code. Merely because the

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    2026:HHC:9424

    accused made certain allegations against the trial Judge
    the substantive law cannot be bypassed.

    8. It was held by the Hon’ble Supreme Court in Hamida

    .

    v. Rashid, (2008) 1 SCC 474, that the inherent power under

    Section 482 of Cr.P.C. is to be exercised sparingly and should not

    be exercised when an alternative remedy is available. It was

    of
    observed:

    “7. It is a well-established principle that inherent power
    conferred on the High Courts under Section 482 CrPC has
    rt
    to be exercised sparingly with circumspection and in rare
    cases and that too to correct patent illegalities or when

    some miscarriage of justice is done. The content and
    scope of power under Section 482 CrPC were examined in
    considerable detail in Madhu Limaye v. State of
    Maharashtra
    [(1977) 4 SCC 551: 1978 SCC (Cri) 10: AIR 1978

    SC 47] and it was held as under : (SCC p. 555, para 8)
    The following principles may be stated in relation to
    the exercise of the inherent power of the High Court:

    (1) that the power is not to be resorted to if there is

    a specific provision in the Code for the redress of
    the grievance of the aggrieved party;

    (2) that it should be exercised very sparingly to
    prevent abuse of process of any court or otherwise
    to secure the ends of justice;

    (3) that it should not be exercised as against the
    express bar of law engrafted in any other provision
    of the Code.

    8. In State v. Navjot Sandhu [(2003) 6 SCC 641: 2003 SCC
    (Cri) 1545] after a review of a large number of earlier
    decisions, it was held as under : (SCC p. 657, para 29)
    “29. … The inherent power is to be used only in cases
    where there is an abuse of the process of the court or

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    where interference is absolutely necessary for securing
    the ends of justice. The inherent power must be
    exercised very sparingly as cases which require

    .

    interference would be few and far between. The most

    common case where inherent jurisdiction is generally
    exercised is where criminal proceedings are required
    to be quashed because they are initiated illegally,

    vexatiously or without jurisdiction. Most of the cases
    set out hereinabove fall in this category. It must be
    remembered that the inherent power is not to be

    of
    resorted to if there is a specific provision in the Code
    or any other enactment for redress of the grievance of
    the aggrieved party. This power should not be
    exercised against an express bar of law engrafted in
    rt
    any other provision of the Criminal Procedure Code.
    This power cannot be exercised as against an express

    bar in some other enactment.”

    9. In Arun Shankar Shukla v. State of U.P. [(1999) 6 SCC
    146: 1999 SCC (Cri) 1076] the High Court had entertained a
    petition under Section 482 CrPC after an order of

    conviction had been passed by the Sessions Judge and
    before the sentence had been awarded and further
    proceedings in the case had been stayed. In appeal, this

    Court set aside the order of the High Court after
    reiterating the principle that it is well settled that

    inherent power is not to be invoked in respect of any
    matter covered by specific provisions of the Code or if its

    exercise would infringe any specific provision of the Code.
    It was further observed that the High Court overlooked
    the procedural law which empowered the convicted
    accused to prefer a statutory appeal against conviction of
    the offence and intervened at an uncalled for stage and
    soft-pedalled the course of justice at a very crucial stage
    of the trial. The order of the High Court was accordingly
    set aside on the ground that a petition under Section 482
    CrPC could not have been entertained as the accused had
    an alternative remedy of an appeal as provided in the
    Code. It is not necessary to burden this judgment with other

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    decisions of this Court as the consistent view throughout has
    been that a petition under Section 482 CrPC cannot be
    entertained if there is any other specific provision in the Code

    .

    of Criminal Procedure for redress of the grievance of the

    aggrieved party.

    10. In the case in hand, the respondents-accused could
    apply for bail afresh after the offence had been converted

    into one under Section 304 IPC. They deliberately did not
    do so and filed a petition under Section 482 CrPC in order
    to circumvent the procedure whereunder they would have

    of
    been required to surrender as the bail application could be
    entertained and heard only if the accused were in custody.
    It is important to note that no order adverse to the
    respondents-accused had been passed by any court nor
    rt
    was there any miscarriage of justice or any illegality. In
    such circumstances, the High Court committed a

    manifest error of law in entertaining a petition under
    Section 482 CrPC and issuing a direction to the
    subordinate court to accept the sureties and bail bonds for
    the offence under Section 304 IPC. The effect of the order

    passed by the High Court is that the accused after getting
    bail in an offence under Sections 324, 352 and 506 IPC on
    the very day on which they were taken into custody, got

    an order of bail in their favour even after the injured had
    succumbed to his injuries and the case had been

    converted into one under Section 304 IPC without any
    court examining the case on merits, as it stood after

    conversion of the offence. The procedure laid down for
    the grant of bail under Section 439 CrPC, though available
    to the respondents-accused, having not been availed of,
    the exercise of power by the High Court under Section 482
    CrPC is clearly illegal and the impugned order passed by it
    has to be set aside.” (Emphasis supplied)

    9. In the present case, the petitioner mention in para 11

    of the petition that the petitioner has no other remedy available

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    to him except to approach this Court by filing the present

    petition.

    .

    10. Hence, this is the incorrect statement because the

    remedy of approaching the learned Magistrate is available to the

    petitioner under Section 320(1) of the Cr.P.C. Therefore, there is

    no reason to exercise the inherent jurisdiction of the Court.

    of

    11. In view of the above, the present petition fails and

    the same is dismissed. However, this order will not prevent the
    rt
    petitioner from approaching the learned Trial Court seeking the

    composition of the offences.

    12. The petition stands disposed of, so also the pending

    miscellaneous applications, if any.

    13. The observation made herein before shall remain

    confined to the disposal of the petition and will have no bearing,

    whatsoever, on the merits of the case.

    (Rakesh Kainthla)
    Judge
    13th March, 2026
    (Nikita)

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