The concept of judicial precedent as emerges from the judgments referred to hereinbefore is that the High Court has to be reluctant to invoke its inherent jurisdiction under Section 482 of the Code for granting in favour of the parties where there exists a statutory bar either in the Code or any other law, which would disentitle the parties to the relief sought for by them. Thus, if at all that aggrieved person is ready to settle the matter and has no grievance in quashing the proceeding then only the offence under section 279 can be compounded and the proceeding can be quashed. C, dealing with the subject in hand, it would be appropriate at this stage to take into consideration the contentions of learned counsel. The criminal revision application bearing no. Some offences largely affect only the victim and no considerable harm is considered to be done to the society. Ajai Lamba, Advocate or for that matter others, who have assisted the Court in their endeavour for the Court to lay down correct law.
The judgment delivered by Amar Dutt. Examples · defamation · criminal trespass · theft, · criminal breach of trust All cases not mentioned in Section 320 of the Criminal Procedure Code, 1973. As already indicated by us, B. Haryana Superior Judiciary had a pendency of 64,000 cases, whereas, Haryana Subordinate Judiciary had a pendency of 5,20,000 cases. The person assaulted or to whom criminal force is used. No one of us struts about with satisfaction for the self-restraint involved in refraining from the crime of homicide, yet if the importance of the virtue were the measure of the credit we should all be crowing and cawing with the pride of moral excellence. The same are categorised as the offences which are simple and not grave in nature and hence the same can be compounded by the affected party only and those which are considered to be a bit more grave and thus needing the supervision of the court while being compounded by the affected party.
It is against this order that the appeal was filed. Leaking out of brake-oil of a vehicle because of a mechanical snag developing during the journey itself cannot be held to be negligence within the meaning of section 279 of the Code. It may now be mentioned that the Hon'ble Judge has relied upon judgment of the Hon'ble Supreme Court in Amar Nath's case supra which, on the specific question under debate, has not only been watered down or modified in a later judgment of the Hon'ble Supreme Court consisting of three Hon'ble Judge in Madhu Limaye's case supra , it can well be said to have been overruled. In the notes submitted by Mr. The main ground urged before the High Court was that the First Class Magistrate had transferred the case without taking cognizance of the offence and the subsequent proceedings were, therefore, illegal. Supreme Court was considering the question whether a serious offence like S. Resolution of a dispute by way of a compromise between two warring groups, therefore, should11 Wpcr 12 2014 attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.
It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. I immediately called an ambulance and sent him to nearby Govt. It was mentioned that judgment is B. I agree with the submissions of the Ld. Now I am in confusion how to proceed on the case.
We see no perceivable reason for the hurry. I think that any discussion of judicial independence, either at the level of institutions of individuals, should take this practice of collegiality into account. The offence under section 338 is compoundable if the person injured is ready to compromise the matter. Compoundable offences are less serious criminal offences. It is a short judgment.
The reason of an individual's accountability to public is extremely thoughtful, in a way controlling social behaviour of the citizens12 Wpcr 12 2014 14. Traffic Offences Traffic Offences And Penal Sections S. Later police came and inquired about the incident and took my vehicle and his bike to their custody at station. Even though, it may be correct that in the last four lines, the Hon'ble Supreme Court itself took the point and held that second revision was not maintainable and that inherent powers of the High Court under Section 482 Cr. The Criminal proceedings in C. C would apparently defeat the bar. Detention matters, every one knows, are so urgent that they are listed on top priority inasmuch as liberty of an individual is involved in such cases.
So I could not avoid the accident. It is bailable but not compoundable, and is triable by any Magistrate and summarily. . The appellant filed an objection asserting a right to the property. Except the petitioner, none was injured. Thus, the powers under section 482 of Cr. A rigid written law makes it difficult to maintain that dignity which is better and rightly left to be perceived by right-minded people who zealously uphold the dignity of others as they do their own.
The reason was that as we did not have a meeting to discuss this matter, I did not know what would be the view of my other brothers on the large number of points which fall to be determined in these cases, except partly in the case of two my Brothers with whom by change I got an opportunity to discuss certain broad aspects. Under sub section 2 of 320 the offences are compoundable with permission of the Court and so the description of the person by whom the offence may be compounded is given and such offenders are either the complainant or victim or aggrieved person. Both of us had eagerly awaited for a copy of his proposed dissenting judgment. It was not a case where the parties might have arrived at a compromise during the pendency of the matter either. The continuance of proceedings shall not serve any purpose; iv. An issue has been raised by the Ld.
The parties compromised the matter and a petition for compounding was filed. To further illustrate by examples of disputes other than relating to marriage, like civil disputes between two brothers which had criminal overtones as well, would the decision in B. However, when an offender has been committed to trial or when he has been convicted and his appeal is pending, compounding can only be done with the leave of the court to which he is committed or to which the trial is pending. Further, the inherent power of the Court also cannot be invoked. Neither at that time nor at 3.
The order of the Magistrate issuing process was challenged by the respondents under Section 482 Cr. His conviction under Sections 279 and 304-A was held to be proper. The law has to be administered according to the laws made by the Legislature. The respondents again made an application under Section 482 Cr. It may be added here that the State of Madhya Pradesh vide M. It may be thought that such orders are passed by this Court and, therefore, there is no reason why the High Courts should not do the same.