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.