Inherent powers under Section 482 CrPC should be used sparingly where amendment causes no injustice in divorce relief proceedings.

Section 482 CrPC should be exercised sparingly in proceedings under the Muslim Women (Protection of Rights on Divorce) Act, 1986, because the Magistrate functions as the adjudicating authority within a self-contained statutory scheme with quasi-civil and quasi-criminal features. The absence of an express prohibition in the CrPC against amendment of pleadings did not justify interference, and the availability of ex parte procedure and mechanisms to set aside ex parte orders supported the Magistrate's approach. On the facts, the amendment caused no injustice, did not amount to abuse of process, and did not warrant correction under inherent powers; the order permitting amendment was upheld.

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Issues: Whether the High Court should interfere under Section 482 of the Code of Criminal Procedure, 1973 with an order of the Magistrate permitting amendment of a petition under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Analysis: The petition arose under a self-contained statutory scheme in which the Magistrate acts as the adjudicating authority and the Rules provide for ex parte procedure and setting aside ex parte orders. The proceedings were treated as having quasi civil and quasi criminal features. The absence of an express prohibition in the Code of Criminal Procedure, 1973 against amendment of pleadings did not by itself justify interference. The inherent power under Section 482 is to be used sparingly and only to prevent abuse of process of court or to secure the ends of justice. On the facts, the amendment caused no injustice and did not amount to abuse of process or miscarriage of justice.

Conclusion: Interference under Section 482 was not warranted and the order allowing amendment was upheld.

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