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1 - 10 of 43 (0.49 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Prevention of Corruption Act, 1988
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
The
said provision has to be strictly followed (Gian Singh v. State of
Punjab, 2012(4) R.C.R.(Criminal) 543 : 2012(4) Recent Apex
Judgments (R.A.J.) 549 : (2012)10 SCC 303). However, in a given case,
the High Court can quash a criminal proceeding in exercise of its
power under section 482 of the Code having regard to the fact that
the parties have amicably settled their disputes and the victim has no
objection, even though the offences are non-compoundable. In which
cases the High Court can exercise its discretion to quash the
proceedings will depend on facts and circumstances of each case.
Offences which involve moral turpitude, grave offences like rape,
murder etc. cannot be effaced by quashing the proceedings because
that will have harmful effect on the society. Such offences cannot be
said to be restricted to two individuals or two groups. If such offences
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Section 320 in The Indian Penal Code, 1860 [Entire Act]
Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014
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 Cr.P.C. 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 &Ors. vs. State of Punjab &Ors. [(2014) 6 SCC 466, ¶
29], and Laxmi Narayan [(2019) 5 SCC 688, ¶ 15].