Wednesday 3 August 2022

Legal principles , Law & society

 There are some offences where our criminal procedure code describes non compoundable under sec 320 crpc and compromise are not permitted due to heinous offences and also its tremendous bad impact upon society : Supreme Court in the case of Narinder singh v state of Punjab reported case 2014 (6) SCC 466 held and enunciated principle and observed that where impact upon society is such that effects the society & which act is deterrent to society or others then even compromise is made between offender and victim that would be not acceptable and offender should be punished : There are stages when court may take liberal view upon compromise arrived between relevant parties and all depends upon circumstances and relations of parties when matter is running in investigation and challan not put up but if conviction being made then inherent power under 482 crpc is not benefitted : In another case In the case of Dexaben v state decided by Supreme Court  it  was held that sec 306 IPC treated to be heinous  due to impact upon society and act is deterrent to society . Supreme court in this  case held that criminal proceedings of sec 306 IPC can’t be quashed under sec  482 Crpc on the basis of compromise arrived between offender & complainant; and reliance is placed of the principle adopted in Narindersingh v state of Punjab : 

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