offences punishable under Section 307 read
with Section 34 , Section 332 read with Section 34 and Section
353 read with Section 34 , the substantive sentence ... complaint in exercise of its inherent
power under Section 482 of the Code and Section 320 does not
limit or affect the powers
Section 326 of the Penal Code be
converted into one under Section 325 of the Penal Code and the offence be
compounded.
6. Section 320 ... this Court was
considering the scope of Section 482 and Section 320 of the Code. This
Court clarified that in compounding of offences, power
learned Attorney General have stressed on the fact that unlike Section 320 CrPC, Section 147 of the Negotiable Instruments Act provides no explicit guidance ... High Court under Section 482 stand repelled when the revisional power under Section 397 overlaps. The opening words of Section 482 contradict this contention because
under Section 482 of the
Code of Criminal Procedure even when some of the offences are non-
compoundable.
Sub- section 1 of Section 320 ... section 9 of the said
section creates an embargo against the compounding of the offence
except as provided in the said section.
Section 482 bestowed
offences punishable under Section 307 read
with Section 34 , Section 332 read with Section 34 and Section
353 read with Section 34 , the substantive sentence ... complaint in exercise of its inherent
power under Section 482 of the Code and Section 320 does not
limit or affect the powers
does not mean that the effect of Section 147
is to obliterate all statutory provisions of Section 320 of the Code relating ... mode and manner of compounding of an offence. Section 147 will
only override Section 320(9) of the Code in so far as offence under
permitted under Section 320(1) or 320(2) of
Cr.P.C ., otherwise, the very purpose of introducing
Section 320 ... offences. Therefore, in my opinion,
Section 482 of Cr.P.C. cannot be invoked as a substitute
to Section 320
compounded while entertaining powers under Section 482 Cr.P.C. by the High Court.
Section 320 Cr.P.C. of the Code provides two different ... whereby for an offence under Sections 420 , 467 , 468 , 471 I.P.C. & Section 5(2) and Section 5(1)(d) of the Prevention
Section 326 of the Penal Code be
converted into one under Section 325 of the Penal Code and the offence be
compounded.
6. Section 320 ... this Court was
considering the scope of Section 482 and Section 320 of the Code. This
Court clarified that in compounding of offences, power
inherent powers under Section 482 of the Code cannot be invoked to
bypass the mandatory provision of Section 320 of the Code. For its view ... complaint in exercise of its inherent power under Section 482 of the Code
and Section 320 does not limit or affect the powers
