#inherent jurisdiction

The Karnataka High Court ruled that inherent jurisdiction under Section 482 Cr.P.C. cannot be used to quash proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, unless there is gross illegality or injustice. This clarifies the limits of criminal court interference in civil domestic violence remedies, affecting petitioners seeking to stall DV cases.

The Delhi High Court held that magistrates must independently apply their judicial mind before issuing summoning orders at the cognizance stage, upholding the summons against a director accused of diverting business proceeds under Sections 409 and 120-B IPC. This ruling reinforces procedural safeguards against mechanical issuance of process and affects magistrates, accused, and complainants in criminal proceedings.

The Patna High Court held that where money is paid for an illegal purpose (securing govt jobs), there is no entrustment under Section 406 IPC, so no criminal breach of trust exists. It quashed the cognizance order, calling the prosecution mala fide, protecting persons accused of cheating in job schemes from unfounded charges.

The Supreme Court ruled that a High Court cannot invoke its inherent power under Section 482 CrPC to set aside a conviction that has already attained finality before the apex court, even if the accused later proves he was a juvenile under Section 7A of the Juvenile Justice Act. This narrows the scope of Section 482, preserving the finality of appellate judgments and limiting relief avenues for convicted persons claiming subsequent juvenility.

The Punjab & Haryana High Court ruled that an acquittal cannot be set aside on the basis of a new investigation report, reaffirming the double-jeopardy protection of Section 300 CrPC and limiting the court’s inherent jurisdiction under Section 482. This safeguards accused persons from being retried after a lawful acquittal.

The Punjab and Haryana High Court ruled that a conviction recorded after the alleged offence cannot be counted as a prior conviction under Section 31 of the NDPS Act, so enhanced punishment cannot be imposed. Only convictions existing before the offence date qualify, impacting NDPS prosecutions with multiple cases.

The Delhi High Court ruled that a petitioner's claim of having resigned before the alleged offences makes the question of his directorship a factual matter for trial, not a ground for invoking Section 482 to halt the case. Consequently, revision petitions seeking a stay were dismissed, signalling that inherent jurisdiction cannot be used to pre-empt trial on director-status questions. This impacts directors and companies facing criminal complaints under the Payment and Settlement Systems Act.

The Punjab & Haryana High Court rejected a petition to quash an extortion FIR, ruling that a private settlement cannot extinguish liability for non-compoundable offences under Section 528 of the BNSS. This clarifies that compromise is ineffective where the offence is non-compoundable, affecting victims and accused in similar cases.

The Punjab & Haryana High Court dismissed the petition under Section 528 of the BNS Act, holding that a civil property dispute cannot be criminalised and must be pursued in a civil forum. This limits the use of Section 528 to genuine criminal matters, affecting parties seeking FIRs over ownership conflicts.

The Rajasthan High Court quashed a cheating and forgery FIR in a family inheritance fight, ruling that criminal prosecution is an abuse of process where the dispute is purely civil. This bars the use of Section 482 CrPC to settle succession matters, protecting heirs from unwarranted criminal litigation.

Supreme Court rules that inherent jurisdiction under Section 482 CrPC remains available despite the existence of an alternative remedy under Section 397 CrPC. It also quashes complaints for non-compliance with mandatory opportunity notice under Section 61(2) FERA and violation of the right to speedy trial under Article 21.

Allahabad High Court dismisses a second quashing petition under Section 482 CrPC, holding that successive petitions for the same FIR are not maintainable unless supported by fresh material or changed circumstances. The ruling reinforces the Supreme Court's precedent in M.C. Ravikumar, limiting abuse of process in criminal proceedings.

Rajasthan High Court quashes criminal proceedings under Section 498-A IPC after parties reach a compromise, holding that matrimonial disputes with a civil character may be terminated to secure justice, even if the offence is non-compoundable. The ruling reaffirms the court's inherent jurisdiction to prevent abuse of process where parties settle amicably.

Karnataka High Court rules that Call Detail Records (CDRs) and prima facie allegations of nexus in organized crime cases demand trial adjudication, rejecting threshold quashing of charge sheets. The judgment reinforces that prosecution must establish complicity beyond reasonable doubt during trial, not at the quashing stage.

Jharkhand High Court holds that criminal proceedings under Section 528 BNSS can be quashed post-compromise if the dispute is of a civil nature and lacks heinous elements or public policy concerns. The ruling reinforces the court's inherent jurisdiction to prevent abuse of process, particularly where parties settle disputes amicably outside court.