K.M.AGARWAL, NEELAM SANJIVA REDDY, V.RAJAGOPALA REDDY
Ghousia Sultana alias Ghousia Begum – Appellant
Versus
Mohd. Ghouse Baig – Respondent
( 1 ) ON the basis of recommendation made by a learned single Judge of this Court, the following question came up for consideration before a Division Bench :"whether the High Court can invoke its inherent powers conferred under Section 482, Cr. P. C. , and grant permission to the parties to compound the non-compoundable offences, particularly the offence punishable under Section 498-A, I. P. C. , to secure ends of justice keeping in view the statutory bar provided under Section 320 (9), Cr. P. C. ?"after considering various case laws and noticing the divergence of judicial opinion, the Division Bench came to the conclusion that : "the divergence of judicial opinion on the question whether a non-compoundable offence could be allowed to be compounded by the High Court in exercise of its inherent power under Section 482, Cr. P. C. , needs to be resolved by a Full Bench as the question arises very frequently. " This is how the matter has come up before this Full Bench.
( 2 ) MOST of the cases under reference relate to an offence under Section 498-A, I. P. C. , but one of them also relates to an offence under Section 409, I. P. C. and yet another relates to some other
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