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Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure: High Court of Uttarakhand.

The High Court, in the exercise of its inherent power, can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973. A single Judge Bench comprising Hon’ble Justice R.C. Khulbe, in the matter of Tushar Prajapati Vs. The state of Uttarakhand and another (Criminal Misc. Application (C482) No.1057 of 2021 With Compounding Application (CRMA 1 of 2021)), dealt with an issue where the petitioner filed this application under Section 482 Cr.P.C. seeking to quash the summoning order passed by the C.J.M., Dehradun in Crl. A case under Sections 323/354/427/452/ 504/506 IPC, along with a further prayer to quash the entire proceedings of the aforesaid case which are pending before the ACJM, Dehradun.

In the present case, the compounding application had also been filed seeking to compound the offence between the parties on the basis of a compromise arrived at between them. The counsel for the state opposed the compounding application. The counsel for the applicant contended that offences punishable under Sections 323, 354, 427, 504 and 506 IPC were compoundable offences whereas Section 452 IPC was a non-compoundable offence. The high court in one of its judgements observed that while exercising its inherent power under Section 320 of Cr.P.C., it does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973. The apex court had also permitted compounding of such offences in the decision of Nikhil Merchant v. CBI and another, (2008) 9 SCC 650 and the counsel of the parties pointed out the ruling of Hon’ble Apex Court in Gian Singh’s case.

The court observed that this case was squarely covered by the above ruling of the Hon’ble Supreme Court in Gian Singh’s case. Thereby the compounding application was allowed and the C482 application was disposed of.

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