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2010 Supreme(SC) 1125

SUPREME COURT OF INDIA
THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
MR. JUSTICE MARKANDEY KATJU & MRS. JUSTICE GYAN SUDHA MISRA, JJ.
GIAN SINGH-Petitioner(s)
VERSUS
STATE OF PUNJAB & ANR-Respondent(s)
Petition(s) for Special Leave to Appeal (Crl) No(s).8989/2010
(From the judgement and order dated 17/09/2010 in CRM No. 27367/2010 of
Decided on : 23/11/2010
Advocates Appeared :
For Petitioner(s) Mr. Rajiv Kataria, Adv.for
M/S. Delhi Law Chambers

Headnote:Code of Criminal Procedure, 1973 - Sections 320 and 482 - Indian Penal Code, 1860 - Sections 420 and 120B - Dismissal of quashing application filed on the ground of compounding of offence - Section 420, IPC is compoundable with permission of Court but Section 120B, IPC is non-compoundable offence-Court cannot amend statute and must maintain judicial restraint-Legislature alone can amend Section 320 Cr.P.C.-Matter to be placed before C.J.I. for decision by Larger Bench. (Paras 4 to 9)

       (2003) 4 SCC 675; (2008) 9 SCC 677; (2008) 16 SCC 1-Not correctly decided.

ORDER

Learned counsel for the petitioner has relied on three decisions of this Court, all by two Judge Benches. They are B.S.Joshi vs. State of Haryana (2003) 4 SCC 675; Nikhil Merchant vs. Central Bureau of Investigation and Another (2008) 9 SCC 677; and Manoj Sharma vs. State and Others (2008) 16 SCC 1. It is true that in the last two decisions, one of us, Hon'ble Mr. Justice Markandey Katju, was a member but a Judge should always be open to correct his mistakes. We feel that these decisions require re-consideration and hence we direct that this matter be placed before a larger Bench to reconsider the correctness of the aforesaid three decisions. Let the papers of this case be placed before Hon'ble Chief Justice of India for constituting a larger Bench.

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