Search Results Page
Search Results
1 - 6 of 6 (0.21 seconds)Madan Mohan Abbot vs State Of Punjab on 26 March, 2008
I am not, in
these circumstances, persuaded to invoke the extraordinary
Crl.M.C. No. 4205 of 2008
-: 5 :-
inherent jurisdiction under Sec.482 Cr.P.C. I have already
adverted to the care and caution which must be employed by the
courts before invoking the dictum in Madhan Mohan Abbot v.
State of Punjab (2008 AIR SCW 2287).
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Nikhil Merchant vs C.B.I. & Anr on 20 August, 2008
6. Powers under Sec.482 Cr.P.C. are to be invoked only
under exceptional circumstances and that too in the interests of
justice. An offence under Sec.376 IPC is not compoundable. It
is one of the grave offences for which severe punishment is
prescribed in the Penal Code. The simple fact that the 2nd
respondent, who continues in matrimony with the 2nd accused
and has three children in such wed-lock, is pressured by
circumstances to compound the offence against the petitioners
cannot weigh with me as a sufficient reason to invoke the
jurisdiction under Sec.482 Cr.P.C. It is true that the decisions
in Madhan Mohan Abbot ; Nikhil Merchant and Manoj
Sharma (supra) have held that composition of non-
compoundable offences can be reckoned as a relevant input
while considering the prayer for quashing of prosecution under
Sec.482 Cr.P.C.; but it is not the law that as soon as the victim
comes before the court and submits that she has no objection
and has compounded such an offence, the prosecution deserves
to be quashed whatever the nature of the offence.
B.Santhosh Kumar vs State Of Kerala on 12 June, 2008
In the decisions in
Santhosh Kumar v. State of Kerala (2008 (3) KLT 240) and
Babeesh Babin Kumar v. S.I. of Police (2008 (3) KHC 713).
Conscious of the principles applicable, I find it impossible to
invoke such jurisdiction in this case.
Babeesh @ Babin Kumar vs S.I.Of Police on 14 August, 2008
In the decisions in
Santhosh Kumar v. State of Kerala (2008 (3) KLT 240) and
Babeesh Babin Kumar v. S.I. of Police (2008 (3) KHC 713).
Conscious of the principles applicable, I find it impossible to
invoke such jurisdiction in this case.
1