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1 - 10 of 14 (0.24 seconds)Section 394 in The Indian Penal Code, 1860 [Entire Act]
Section 397 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 411 in The Indian Penal Code, 1860 [Entire Act]
The Arms Act, 1959
Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014
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touchstone for exercising the extraordinary power under Section 482
CrPC would be to secure the ends of justice. There can be no hard-and-
fast line constricting the power of the High Court to do substantial justice.
A restrictive construction of inherent powers under Section 482 CrPC may
lead to rigid or specious justice, which in the given facts and
circumstances of a case, may rather lead to grave injustice. On the other
hand, in cases where heinous offences have been proved against
perpetrators, no such benefit ought to be extended, as cautiously observed by
this Court in Narinder Singh v. State of Punjab, (2014) 6 SCC 466 and State
of M.P. v. Laxmi Narayan, (2019) 5 SCC 688.
Ramgopal & Anr vs State Of M.P.& Anr on 30 July, 2010
6. The power of the High Court under Section 528 BNSS (corresponding
to Section 482 CrPC) is an extraordinary one, to be exercised sparingly and
with caution, to prevent abuse of the process of the Court or to secure the
ends of justice4. The Supreme Court has clarified in a catena of judgments,
including Narinder Singh & Ors. v. State of Punjab & Anr.5 and Ramgopal
& Anr. v. State of M.P.6, that even non-compoundable offences can be
quashed where the dispute is predominantly private in nature, the
compromise is genuine and voluntary, the accused's antecedents are not
adverse, and the continuance of proceedings would serve no useful purpose.
However, such power must not be invoked in cases involving heinous,
grave, or morally depraved offences, or where the offence has a public
dimension such as those involving murder, rape, or offences against
children.
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
In Ramgopal, the Supreme Court emphasized that while
compounding is confined to Section 320 CrPC, the High Court's inherent
power under Section 482 CrPC (corresponding to Section 528 BNSS)
remains unfettered for quashing in appropriate cases where the compromise
4
Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303.