BASANTA KUMAR BARAL AND ORS. ETC. ETC. Vs. STATE OF ORISSA AND ORS. AND KISHORE CHANDRA DAS AND ANR. ETC. ETC.

JUDGEMENT

(1.) SINCE there is divergence of view expressed by two learned Judges as regards power of the High Court to quash a criminal proceeding by exercise of inherent power under Section 482 of the Code of Criminal Procedure, 1973 (in short, the 'Code') in respect of a non -compoundable offence, reference has been made to a Division Bench and that is how the matter is before us.

(2.) ACCORDING to learned Counsel for the accused, in view of the clear language of Section 482 of the code which provides that nothing in the Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice, exercise of power under Section 482 is permissible. It is stated that when a compromise has been effected between the parties with a view to bring in better relationship or to take care of litigations which are founded on misconception, misgivings or as a measure of harassment, it is the duty of the Court to exercise power under Section 482 of the Code in appropriate cases. It is stated that if such compromises are not accepted, many innocent people will be made victims of machinations and once good sense has prevailed and the victim wants to withdraw the accusations, the Court should give effect to the intention of the parties to settle their disputes amicably.

(3.) IT is necessary to quote Sections 320 and 482 of the Code, the relevant provisions of which read as follows: