Inherent power to quash non-compoundable offences on compromise remains available where justice and abuse of process demand it.

Section 482 of the Code preserves a distinct inherent power of the High Court to quash criminal proceedings, and that power is not barred by Section 320 in appropriate cases. Compounding remains confined to the statutory scheme under Section 320, but quashing may still be ordered on compromise where the dispute is overwhelmingly civil, commercial, financial, matrimonial, partnership-related, or otherwise private, and continuation of the prosecution would amount to abuse of process or be futile. Heinous offences, serious crimes of mental depravity, and matters with significant social impact or under special statutes ordinarily should not be quashed on compromise.

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Issues: Whether the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 can be exercised to quash criminal proceedings involving non-compoundable offences on the basis of compromise between the parties, notwithstanding the bar in Section 320 of the Code.

Analysis: Section 320 of the Code provides the statutory scheme for compounding of offences and expressly limits compounding to the manner provided therein. Section 482 preserves the inherent power of the High Court to make orders necessary to give effect to orders under the Code, to prevent abuse of the process of any court, or otherwise to secure the ends of justice. The two powers are distinct. Compounding is controlled by Section 320, whereas quashing under Section 482 depends on the facts and circumstances of each case. The power under Section 482 cannot be used to do what the Code expressly prohibits, but it can be invoked where the dispute is overwhelmingly civil, commercial, financial, matrimonial, partnership-related, or otherwise private in nature and the compromise makes conviction remote, so that continuation of the prosecution would be an exercise in futility and an abuse of process. Heinous and serious offences of mental depravity, and offences having serious social impact or arising under special statutes, stand on a different footing and ordinarily should not be quashed on compromise.

Conclusion: The High Court's inherent power is not barred by Section 320 in appropriate cases, and non-compoundable criminal proceedings may be quashed on compromise where the facts justify such relief to secure the ends of justice and prevent abuse of process.

Final Conclusion: The reference was answered by affirming that the earlier decisions permitting quashing of non-compoundable proceedings in suitable cases were correctly decided, while making clear that compounding and quashing remain legally distinct.

Ratio Decidendi: Section 482 of the Code preserves a distinct inherent jurisdiction that may be exercised to quash non-compoundable criminal proceedings on compromise in appropriate cases, provided the quashing is necessary to prevent abuse of process or to secure the ends of justice, and does not amount to doing what the Code expressly forbids.

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