Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: ss.320 482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: ss.320, 482 – Compounding of Offence – Inherent powers of High Court – Exercise of, permissibility – As per s.320(9), no offence can be compounded except as provided in the said section – Compounding of offences not so covered is not permissible – Non-Compoundable offences are well within the jurisdiction of the High Court u/s.482 of the Code and Art. 226 of the Constitution and can be quashed on the basis of settlement but the court has to go slow while exercising such jurisdiction when the offence has impact not only on the parties inter se but on others also. Prevention of Corruption Act, 1988: Corruption by a public servant is an offence against the State and the society at large – The Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement – Such corrupt practices by public servant undoubtedly attract the relevant provisions of PC Act. Public Employment: Corruption in Public Employment – Locus Standi in criminal proceedings, discussed. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 940 |
Petitioner | P. Dharamaraj |
Respondent | Shanmugam & Ors. |
SCR | [2022] 9 S.C.R. 972 |
Judgement Date | 2022-09-08 |
Case Number | 1514 |
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