The High Court dismissed an application under Section 482 CrPC seeking to quash a Family Court order in matrimonial proceedings. The court held that inherent powers under Section 482 are exercisable only in respect of criminal courts and criminal proceedings.
Application to quash the Family Court order under Section 9 HMA is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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AFR
Court No. - 84
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.
2 HMA
1 The Code
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proceedings under section 9 of the HMA, cannot be granted.
"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."
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"It has sometimes been thought that Section 561A has given increased powers to the Court which it did not possess before that section was enacted. But this is not so. The section gives no new powers, it only provides that those which the Court already inherently possess shall be preserved and is inserted, as their Lordships think, lest it should be considered that the only powers possessed by the Court are those expressly conferred by the Criminal Procedure Code and that no inherent power had survived the passing of that Act."
3 AIR 1945 PC 18
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the Code. The expression “any Court” under the section would refer to a Criminal Court. The language and the phraseology used under the section make it clear that the powers are to be exercised in relation to proceedings pending before or disposed of by a Criminal Court and such powers would not be exercisable in relation to an order passed by an authority not functioning under the Code or in respect of proceedings which are not criminal proceedings.
Order Date :- 16.8.2021/Nitendra
2 issues framed by the court
Whether Section 482 CrPC can be invoked to quash an order passed in proceedings under Section 9 of the Hindu Marriage Act, 1955.
Whether the inherent powers of the High Court extend to civil proceedings not covered by the Code of Criminal Procedure, 1973.
Colour shows how this judgement treated each authority
Emperor vs. Khwaja Nazir AhmedReferred¶23
AIR 1945 PC 18 · Who else cites this
3 provisions across 3 enactments
Vertika Chitravanshi
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
