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B.S. Joshi & Ors vs State Of Haryana & Anr on 13 March, 2003

59. B.S.Joshi6, Nikhil Merchant7, Manoj Sharma8 and Shiji9 do illustrate the principle that the High Court may quash criminal proceedings or FIR or complaint in exercise of its inherent power under Section 482 of the Code and Section 320 does not limit or affect the powers of the High Court under Section 482. Can it be said that by quashing criminal proceedings in B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji this Court has compounded the non-compoundable offences indirectly? We do not think so. There does exist the distinction between 6 B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 7 Nikhil Merchant v. CBI, (2008) 9 SCC 677 8 Manoj Sharma v. State, (2008) 16 SCC 1 9 Shiji v. Radhika, (2011) 10 SCC 705 -7- NC: 2026:KHC-D:4799 CRL.P No. 102652 of 2024 HC-KAR compounding of an offence under Section 320 and quashing of a criminal case by the High Court in exercise of inherent power under Section 482. The two powers are distinct and different although the ultimate consequence may be the same viz. acquittal of the accused or dismissal of indictment."
Supreme Court of India Cites 20 - Cited by 11910 - H K Sema - Full Document
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