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ROHIT TYPING CENTER (RTC) CHAKIYA RAJROOPUR PRAYAGRAJ U.P Allahabad High Court RO,ARO, 500 word english contact: 8299289045

created Oct 18th 2021, 10:43 by rohittyping4


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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
AFR
Court No. - 65
 
Case :- APPLICATION U/S 482 No. - 11934 of 2021
Applicant :- Vertika Chitravanshi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dhirendra Nath Srivastava,Raj Kumar Srivastava
Counsel for Opposite Party :- G.A.
 
Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Raj Kumar Srivastava, learned counsel for the applicant and Ms. Sushma Soni, learned Additional Government Advocate appearing for the State-opposite party.
2. The present application under section 482 of the Code of Criminal Procedure, 19731 has been filed with a prayer to quash the order dated 25.03.2021 passed by the Principal Judge, Family Court, District Kanpur Nagar in Case No.1167 of 2020 (Apurva Saxena v. Smt. Vartika Chitravanshi), in proceedings under Section 9 of the Hindu Marriage Act, 19552, whereby a direction was issued to proceed ex parte and a date was fixed for evidence.
3. The previous order dated 04.08.2021 indicates that a preliminary objection had been raised by the learned Additional Government Advocate to the effect that provisions of section 482 of the Code cannot be invoked to quash proceedings of a civil nature, and accordingly the relief sought by means of the present application to quash the order passed by the Principal Judge, Family Court, in proceedings under section 9 of the HMA, cannot be granted.
4. In order to examine as to whether the inherent powers of the High Court under section 482 of the Code, may be invoked to seek quashing of the order passed in proceedings under the HMA, the provisions contained under section 482 of the Code are required to be adverted to. Section 482 of the Code reads as follows:
"482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."
 
5. Section 482 of the Code envisages three situations under which the inherent powers of the High Court may be exercised, namely: (i) to give effect to any order under the Code, (ii) to prevent abuse of the process of the Court, or (iii) to otherwise secure the ends of justice.
6. The inherent jurisdiction under the section though wide, is to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. The powers are to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone the Courts exist.
7. Section 482 of the Code provides for saving of the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or prevent abuse of process of any Court or otherwise to secure the ends of justice.
 
 

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