Inherent criminal power cannot be used to review a final charge order after it has attained finality.

Section 482 CrPC cannot be used to quash criminal proceedings in a manner that effectively reopens or nullifies an order framing charge which has already attained finality, including where that order has been upheld up to the Supreme Court. Section 362 bars review or alteration of a signed judgment or final order except for clerical or arithmetical correction, and the inherent power is confined to rare cases to prevent abuse of process or secure the ends of justice. Where the earlier order was final, the High Court could not invoke inherent powers to undo that concluded position, and the quashing order was liable to be set aside.

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Issues: Whether the High Court could, in exercise of inherent power under Section 482 of the Code of Criminal Procedure, 1973, quash criminal proceedings after the order framing charge against the accused had already been upheld up to the Supreme Court, and whether such an order amounted in substance to an impermissible review barred by Section 362 of the Code of Criminal Procedure, 1973.

Analysis: The proceedings had resulted in framing of charges against the respondents, and that order had been sustained by the High Court as well as by the Supreme Court. The High Court later invoked Section 482 to quash the prosecution on the ground of abuse of process and alleged settlement, but the Code does not confer a general power of review on a criminal court. Section 362 bars alteration or review of a signed judgment or final order except for clerical or arithmetical errors, and inherent power under Section 482 is to be exercised sparingly and only in rare cases to prevent abuse of process or secure the ends of justice. Once the earlier order had attained finality, the High Court could not use Section 482 to undo that concluded position.

Conclusion: The High Court was not justified in quashing the criminal proceedings, and the impugned order was liable to be set aside in favour of the appellant.

Ratio Decidendi: Inherent power under Section 482 of the Code of Criminal Procedure, 1973 cannot be used to nullify or effectively review a criminal order that has already attained finality, and such power must be exercised only in exceptional cases to prevent abuse of process or secure the ends of justice.

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