power under Section 482 Cr.P.C. to quash a
criminal proceeding is not limited by the provisions of Section 320 ... criminal proceeding under Section 482 Cr.P.C. is
distinct and different from the power vested in a criminal court by Section
320
Criminal Procedure
Code is by itself no reason for the High Court to refuse
exercise of its power under Section 482 Criminal
Procedure Code. That ... High Court under Section 482 Criminal
Procedure Code are not for that purpose controlled by
Section 320 Criminal Procedure Code.
18. Having said
Section 320 Indian Penal Code is by itself no
reason for the High Court to refuse exercise of its power under
Section 482 Criminal Procedure ... High Court under Section 482 Criminal Procedure Code are not for
that purpose controlled by Section 320 Criminal Procedure Code
Having said so, we must
offences under Section 13 of Punjab Travel Professionals
(Regulation) Act is not compoundable under Section 320 of Code of Criminal Procedure, 1973
( CrPC ... High Court under Section 482 Criminal Procedure Code are
not for that purpose controlled by Section 320 Criminal Procedure
Code Having said so, we must
used in the beginning of the Section,
application of Criminal Procedure Code is totally excluded.
Therefore Sections 320 and 362 of Cr.P.C. have ... Judge in that aspect and hold
CRL.M.C.1540/2007 28
that procedure under Section 320 of Cr.P.C. should be followed
while
offences under section 307 & 326 of Indian Penal Code, 1860
( IPC ) are not compoundable under Section 320 of Code of Criminal Procedure, 1973 ( CrPC ... High Court under Section 482 Criminal Procedure Code are not for
that purpose controlled by Section 320 Criminal Procedure Code
Having said so, we must
section 149 of Indian
Penal Code, 1860 ( IPC ) and 25-27 of Arms Act , are not compoundable under Section 320 of
Code of Criminal Procedure ... High Court under Section 482 Criminal Procedure Code are not for
that purpose controlled by Section 320 Criminal Procedure Code
Having said so, we must
offences under sections 506 , 452 , 34 of Indian Penal Code,
1860, ( IPC ) are not compoundable under Section 320 of Code of Criminal Procedure, 1973
( CrPC ... High Court under Section 482 Criminal Procedure Code are
not for that purpose controlled by Section 320 Criminal Procedure
Code Having said so, we must
Court has inherent power
under Section 482 of the Code of Criminal Procedure with no
statutory limitation including Section 320 Cr.PC, has held
that ... HCHP
6
9 No doubt Sections 279 of IPC is not
compoundable under Section 320 Cr.P.C., however, as
.
explained
India will make necessary amendment to sub section 9 of Section 320 of the Code of Criminal Procedure, 1973 to relax its vigor and rigidity ... identify more compoundable offences under section 320 of the Code of Criminal Procedure, 1973".
37.For the discussions held above, this court
