KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN Dharambir v. State of Haryana, , the majority view propounded the proposition that there is neither any provision of law nor does the Constitution of India confer any power upon the High Court to either quash the prosecution or allow the compounding of the offences which are not declared compoundable by the Legislature and that the only exception which can be carved out pertains to the offences arising out of marital disputes.

(2.) PITTED against the aforesaid view was the minority view expressed by V.K. Bali, J., who professed that while exercising its power under Section 482 of the Cr.P.C., as also under Articles 226 and 227 of the Constitution of India, the High Court has the power to quash the proceedings in order to secure the ends of justice in all such eventualities in which it may be desirable to do so and not necessarily confined to matrimonial disputes alone. From the turbulence of thoughts and conflict of opinion expressed in the aforesaid case, has emerged the following reference by Surya Kant, J., which is as follows :-

(3.) LET notice of motion be issued to the Advocates General of the States of Punjab and Haryana for 26.7.2007. Let the paper book of this case be placed before Hon'ble the Chief Justice for passing appropriate orders. Meanwhile, the proceedings before the learned trial court, in the case in hand, shall remained stayed."