Criminal Procedure Code, 1973, Sections 482 and 320

Criminal Procedure Code, 1973—Sections 482 and 320—Power of High Court to quash prosecution in cases where the offences with which the accused stand charged are non-compoundable—Held, the High Court may quash the prosecution even in cases where the offences with which the accused stand charged are non-compoundable—However, it is obligatory for the High Court to exercise the power under section 482 Cr.P.C. with utmost care and caution—The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. 


File Name:- SC_DECEMBER 2011_6


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