Whether inherent power of HC can be exercised for permitting a non-compoundable offences to be compound u/s 482?
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The Petitioner 1 and 2, husband and wife, approached the High Court by writ petition stating that their marriage was solemnized on 24/12/2008 and due to the misunderstanding between them and family members of the petitioners, several cases were filed against each other involving their family members. The parties had compromised the matter and agreed to file joint petition under section 13_B of the Hindu Marriage Act, 1955 for divorce by mutual consent. In Criminal Case No 589 of 1995 complaint was filed by Respondent 1 who is brother of petitioner No. 2 for the offence under sections 323, 395, 498-A, 506 and 147 read with section 149 of IPC as also under section 4 of the Dowry Prohibition Act. Since the matter was of Indian Penal Code is not compoundable the petitioner, involved the extra-ordinary jurisdiction of the High Court, for exercise of inherent power to quash proceedings in Criminal case No. 589 of 1999 pending before the Chief Judicial Magistrate, Nagpur to secure the end of justice and to avoid harassment to parties.
Inherent power under section 482 of the Criminal Procedure Code cannot be brought into service by permitting a non-compoundable offence to be compounded or for quashing of prosecution on the ground that the parties wished to compound the offence which is otherwise non-compoundable. The petition to quash proceeding before Chief Judicial Magistrate, Nagpur involving non-compoundable offence under section 498-A Indian Penal Code, therefore, rejected.
Case; Jitendra Manohar Dixit v. Gopal Babbulal Upadhayay
2001 SCC Online Bom 332; (2001) 4 Mah LJ 455; 2001 Supp (2) Bom CR 434; (2002) 104 (1) Bom LR 313