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B.S. Joshi & Ors vs State Of Haryana & Anr on 13 March, 2003

Similarly, in B.S. Joshi & Ors. (supra), which has been relied upon in Nikhil Merchant (supra), the question for consideration was whether the High Court 15 of 18 ::: Downloaded on - 24-12-2017 04:34:22 ::: CRM-M-27064 of 2009 -16- in exercise of its inherent powers can quash criminal proceedings or FIR or Complaint for offences which are not compoundable under Section 320 of the Cr.P.C. It was held that Section 320 cannot limit or affect the powers of the High Court under Section 482 of the Cr.P.C., a well settled proposition of law.
Supreme Court of India Cites 20 - Cited by 11910 - H K Sema - Full Document

Nikhil Merchant vs C.B.I. & Anr on 20 August, 2008

We are of the opinion that Nikhil Merchant (supra) as also the other two judgments relied upon on behalf of the appellant are clearly distinguishable on facts. It needs little emphasis that even one additional or different fact may make a world of difference between the conclusions in two cases and blindly placing reliance on a decision is never proper. It is trite that while applying ratio, the Court may not pick out a word or sentence from the judgment divorced from the context in which the said question arose for consideration.
Supreme Court of India Cites 25 - Cited by 14306 - A Kabir - Full Document
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