Supreme Court · 2008 INSC 1166 · Decided 16 October 2008
Manoj Sharma v. State & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1166 · [2008] 14 S.C.R. 539
- Case number
- CRIMINAL APPEAL No. 1619/2008
- Decided
- 16 October 2008
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 420; CrPC Section 482, 320, 320(9); Constitution Article 226
Headnote
--+, Constitution of India, 1950; Article 226: Quashing of criminal proceeding!Fl.R. by High Court - In exercise of power/discretion under s.482 Cr.P CJ Article 226 c of the Constitution, when parties entering into settlement! compromise - Held: Exercise of such power by the High Court in no way - Power under s.482 Cr.PC./ Article 226 of the Constitution is discretionary in nature and to be exercised on facts of each case - On facts, D continuing with the criminal proceedings would be an exer- . '( cise in futility, hence, quashed - Code of Criminal Procedure, , 1973 - Ss. 320 and 482.
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