Criminal Procedure Code, 1973
Sections 320 & 482—Inherent powers of High Court—Prayer to compound the offence registered under Section 307 of IPC—Submission that applicant being his real nephew, he should be pardoned for the mistake, which he has committed of firing and causing firearm injuries on his real uncle, the injured—With a gradual depletion of the social and human value, which is becoming quite prevalent in this modern ear, the court exercising the inherent powers, does owe a responsibility, that the compounding application has not to be blindfoldedely accepted invariably in all the cases, irrespective of its circumstances, particularly when it shaken the very consciousness of the system of a joint Hindu family system of the country, which was quite prevalent for ages together and had been the basic structure of the society—Since the applicants have denied the fact of being involved in the commission of offence, the matter is required to be tried by the court, earlier ceased with the proceedings—Prayer rejected.
[Paras 16 to 19]
Decision : Application dismissed