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1 - 9 of 9 (0.35 seconds)Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 3 in The Indian Penal Code, 1860 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 320 in The Indian Penal Code, 1860 [Entire Act]
Section 15 in The Code of Criminal Procedure, 1973 [Entire Act]
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
7. In the meanwhile of the proceedings, the
petitioner and second respondent are seeking for
compounding of the offences by filing this joint memo.
Therefore, it is relevant to refer Gian Singh vs. State of
Punjab (2012 (10) SCC 303) wherein the Hon'ble
Supreme Court of India had extensively dealt with matters
relating to Section 482 Cr.P.C. and Section 320 Cr.P.C.
relating to the inherent power under Section 482 Cr.P.C.
to quash the proceedings in respect of compoundable
offences where compromise is arrived at between the
parties. It has been held in the said judgment that
criminal proceedings can be quashed by the Court, if the
Court is satisfied that the matter has been settled between
the parties amicably and the parties are interested to
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restore peace and harmony between them. The power of
the High Court in quashing a criminal proceeding or FIR
or complaint in exercise of its inherent jurisdiction is
distinct and different from the power given to a criminal
court for compounding the offences under Section 320 of
the Code. Inherent power is of wide plenitude with no
statutory limitation but it has to be exercised in accord
with the guideline engrafted in such power viz; (i) to
secure the ends of justice or (ii) to prevent abuse of the
process of any Court. In what cases power to quash the
criminal proceeding or complaint or F.I.R may be
exercised where the offender and victim have settled their
dispute would depend on the facts and circumstances of
each case and no category can be prescribed. However,
before exercise of such power, the High Court must have
due regard to the nature and gravity of the crime.
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