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1 - 9 of 9 (0.19 seconds)Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 142 in Constitution of India [Constitution]
Section 325 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Ramgopal & Anr vs State Of M.P.& Anr on 30 July, 2010
6. In the present case, after conviction of the petitioner, better sense
HITESH
2026.04.09 15:32
I attest to the accuracy and
authenticity of this
document/judgment
High Court, Chandigarh
CRR-1829-2012 (O&M) -3
has already prevailed on the parties and they have already executed a
compromise deed (Annexure A-1). Even, the Hon'ble Supreme Court in the
matter of "Ramgopal and Anr. Vs. State of Madhya Pradesh", reported as
2021 (4) (RCR) (Crl) Page 322 has observed that even inherent powers can be
exercised, even after conviction of the accused by the Courts and the relevant
extract of the said judgment has been reproduced below:-
Jagjit Singh And Ors. Etc. Etc. vs State Of Punjab And Anr. Etc. Etc. on 26 August, 2022
7. Still further, this Court has held in the matter of "Jagjit Singh Vs.
State of Punjab and Anr., decided on 18.09.2024 as under:-
Sube Singh & Another vs State Of Haryana & Another on 17 November, 2011
10.From the scheme of the Code of Criminal Procedure, it is
apparent that the offences, which are non-compoundable under Section
320 Cr.P.C cannot be compounded by a Criminal Court, However,
Section 320 Cr.P.C is not an embargo against invoking inherent powers
of this Court under Section 482 Cr.P.C. The High Court, keeping in view
the peculiar facts and circumstances of the case and for justifiable
reasons can exercise its inherent powers under Section 482 Cr.P.C. to
prevent abuse of the process of any court, or to secure the end of justice.
Thus, the High Court can quash such proceedings in exercise of its
inherent powers under Section 482 Cr.P.C., even if the offences are non-
compoundable. In so far as power of quashing under Section 482 Cr.P.C.
is concerned, it is guided by the material on record as to whether the
ends of justice would justify such exercise of power, even though the
ultimate consequence may be acquittal of the accused. The Division
Bench of this Court in "Sube Singh and another Vs. State of Haryana
and another, CRM-M-38140-2011, decided on 09.04.2013" has
observed that non-acceptance of the compromise would also lead to
denial of complete justice, which is the very essence of our justice
delivery system. Since, there is no statutory embargo against invoking of
power under Section 482 Cr.P.C., after conviction of an accused by the
trial court and during the pendency of appeal against such conviction,
the High Court could invoke the inherent jurisdiction and strike down the
proceedings subject to certain safeguards.
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