The Supreme Court in the case Kim Wansoo Versus State of Uttar Pradesh & Ors observed that apart from exercising its power to quash a criminal case as stated under section 482 of Code of Criminal Procedure, CrPC.
The court stated that the High Court can also exercise powers under Article 226 of the Constitution of India to quash the criminal case to prevent misuse of the law.
The court in the case stated that it being true that normally, quashing of criminal proceedings would be sought and would be done in exercise of the inherent power of the High Court under Section 482 of Code of Criminal Procedure, CrPC and it does not mean that it could not be done only in an invocation of the extraordinary power under Article 226 of the Constitution of India.
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