A good judgment by Hon’ble Bombay High Court which sent the false rape case of liar woman packing to dustbin.
Dattatray @ Kashinath Babaso Khatal Vs The State of Maharashtra on 16 January 2019Livelaw News: https://www.livelaw.in/news-updates/false-rape-accusation-distress-humiliation-accused-bombay-hc-142468
Based on AP High Court judgment here, Hon’ble Bombay High Court also held that,
Jitendra Manohar Dixit And Anr Vs Gopal Babulal Upadyay And Ors on 16 April, 2001inherent powers under Section 482 of the Criminal Procedure Code cannot be pressed into service either for permitting a non-compoundable offence to be compounded or for quashing of prosecution on the ground that the parties wish to compound the offence which is otherwise non-compoundable.
Citation : (2002) 104 BOMLR 313
Indiankanoon.org link : https://indiankanoon.org/doc/1815287/
This is the full bench decision of AP High Court, over-ruling the decision of this Court in Smt. Daggupati Jayalakshmi v. State, 1993 APLJ (Crl) 269 : (1993 Cri LJ 3162), confirming the Single bench judgment here by endorsing as below.
Ghousia Sultana Alias Ghousia Begum And Etc. Etc. Vs Mohd. Ghouse Baig And Ors Etc. Etc. on 12 February, 1996No non-compoundable offence under the Code of Criminal Procedure, 1973 can be allowed, or directed to be compounded by the High Court in exercise of its inherent powers under Section 482, Cr.P.C.
Citation : 1996 (1) ALD Cri 534, 1996 (1) ALT 940, 1996 (1) ALT Cri 608, 1996 CriLJ 2973, II (1996) DMC 115
Indiankanoon.org link : https://indiankanoon.org/doc/293319/
In this order from AP High Court, it was held that, a High Court cannot compound a non-compoundable case under section 482 CrPC.
Annamdevula Srinivasa Rao and Anr Vs The State Of A.P. and Etc on 11 August, 1995Citation : 1995 (2) ALT Cri 447, 1995 CriLJ 3964, I (1996) DMC 239
Indiankanoon.org link : https://indiankanoon.org/doc/228972/
Hon’ble High Court of Delhi has laid down the procedure to be follow in Delhi by Police in regards to the CrPC Section 41A.
Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018
