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13. At this juncture, we are obligated to state that when the High Court decided, the issue was whether a proceeding could be quashed in exercise of inherent jurisdiction in respect of the non-compoundable offences and principle of law in that regard was not in a state of certainty. The said position has been made clear by this Court that High Court has the jurisdiction to quash a criminal proceeding under Section 482 of the Code in respect of non-compoundable offences barring certain nature of crimes.

16. A three-Judge Bench in the case of Gian Singh v. State of Punjab and Another[6] while answering the reference whether the High Court has the jurisdiction under Section 482 of the Code to quash a proceeding in respect of non-compoundable offences, after referring to number of authorities, ruled that Section 482 of the Code, as its very language suggests, saves the inherent power of the High Court which it has by virtue of it being a superior court to prevent abuse of the process of court or otherwise to secure the ends of justice. The words, “nothing in this Code” which means that the provision is an overriding provision and the said words leave no manner of doubt that none of the provisions of the Code limits or restricts the inherent power. The Bench proceeded to state that the guideline for exercise of such power is provided in Section 482 itself i.e. to prevent abuse of the process of any court or otherwise to secure the ends of justice and in different situations, the inherent power may be exercised in different ways to achieve its ultimate objective. Formation of opinion by the High Court before it exercises inherent power under Section 482 on either of the twin objectives, (i) to prevent abuse of the process of any court, or (ii) to secure the ends of justice, is a sine qua non. The Court further added that it is the judicial obligation of the High Court to undo a wrong in course of administration of justice or to [pic]prevent continuation of unnecessary judicial process and the maxim ex debito justitiae is inbuilt in such exercise for the whole idea is to do real, complete and substantial justice for which it exists.