cheating punishable under Section 420 IPC, the same
has been made compoundable under sub-section (2) of Section 320
CrPC with the leave ... that Section 482
of the Code is complete answer to the reference made to the larger Bench.
He analysed Section 482 and Section 320
shall be compounded except as provided by
this Section".
10. A perusal of Section 320 shows that offences under Section ... that except for
Section 420 IPC, which can be compounded with the permission of the
Court in view of Section 320(2) , the other provisions
High Court under Section 482 Criminal
Procedure Code are not for that purpose controlled by
Section 320 Criminal Procedure Code.
18. Having said ... exercising the inherent
power under Section 482 of the Code even in offences which are not
compoundable under Section 320 , may quash the prosecution.
However
inherent powers under Section 482 of the code could not be invoked to by-pass Section 320 of the code. The order of the High ... Government of India will make necessary amendment to sub section 9 of Section 320 of the Code of Criminal Procedure, 1973 to relax its vigor
petitioner. Since the offence
punishable under Section 406 , 420 / 34 IPC are
compoundable under Section 320(2) Cr.P.C. with
the permission of this ... Court, in exercise
of power under Section 482 of Cr.P.C., can exercise the powers of
Section 320(2) of Cr.P.C., even
present case the offences under Sections 467 , 468 , 471 of Indian Penal Code,
1860 are not compoundable under Section 320 CrPC. However, in the facts ... High Court under Section 482 Criminal
Procedure Code are not for that purpose controlled by
Section 320 Criminal Procedure Code.
18. Having said
present case the offences under section 409 of Indian Penal Code,
1860is not compoundable under Section 320 CrPC. However, in the facts and
circumstances peculiar ... exercising the inherent power under Section 482 of the
Code even in offences which are not compoundable under
Section 320 , may quash the prosecution. However
section. The offences given under this table could be termed as offences compoundable with the permission of the Court. Sub-section (9) of Section 320 ... subject to any statutory prohibition and in particular sub-section (9) of Section 320 of the Code so far as we are concerned. Therefore, should
This Court has, in several decisions, declared that offences
under Section 320 Cr.P.C. which are not compoundable with or
without the permission ... High Court under Section
482 Cr.P.C. are not for that purpose controlled by Section 320
Cr.P.C. Having said so, we must
cheating punishable under Section 420 IPC, the same
has been made compoundable under Sub-section (2) of Section
320 Cr.P.C. with the leave ... High Court under Section 482
Criminal Procedure Code are not for that purpose
controlled by Section 320 Criminal Procedure Code.
18. Having said
