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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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P. DHARAMARAJ vs. SHANMUGAM & ORS.

SCR Citation: [2022] 9 S.C.R. 972
Year/Volume: 2022/ Volume 9
Date of Judgment: 08 September 2022
Petitioner: P. DHARAMARAJ
Disposal Nature: Appeals Allowed
Neutral Citation: 2022 INSC 940
Judgment Delivered by: Hon'ble Mr. Justice V. Ramasubramanian
Respondent: SHANMUGAM & ORS.
Case Type: CRIMINAL APPEAL /1514/2022
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973: ss.320, 482 – Compounding of Offence – Inherent powers of High Court – Exercise of, permissibility – As per s.320(9), no offence can be compounded except as provided in the said section – Compounding of offences not so covered is not permissible – Non-Compoundable offences are well within the jurisdiction of the High Court u/s.482 of the Code and Art. 226 of the Constitution and can be quashed on the basis of settlement but the court has to go slow while exercising such jurisdiction when the offence has impact not only on the parties inter se but on others also. Prevention of Corruption Act, 1988: Corruption by a public servant is an offence against the State and the society at large – The Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement – Such corrupt practices by public servant undoubtedly attract the relevant provisions of PC Act. Public Employment: Corruption in Public Employment – Locus Standi in criminal proceedings, discussed.

2. Case referred
3. Act
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4. Keyword
  • Code of Criminal Procedure
  • 1973: ss.320
  • 482