cheating punishable under Section 420 IPC, the same
has been made compoundable under sub-section (2) of Section 320
CrPC with the leave ... offence punishable under
Section 307 IPC is not a compoundable offence. Section 320 of
the Code of Criminal Procedure, 1973 expressly states that no
offence
Report
under Sections 420 / 468 / 471 / 34 / 120-B IPC can be
quashed either under Section 482 of the Code of
Criminal Procedure or under ... Code to quash
Criminal proceedings or FIR or complaint were
4
not circumscribed by Section 320 of the Code of
Criminal Procedure.
5. While
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
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
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 ... criminal proceedings
deserves to be quashed in the interest of justice.
6. I.A. No.320/19 has been filed under Section 320 of
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
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 ... controlled by Section 320 Criminal Procedure
Code.
18. Having said so, we must hasten to add that
the plenitude of the power under Section
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
