Code of Criminal Procedure, 1973–Sec. 482–Penal Code, 1860–Sec. 307–Offence u/s. 307 IPC and Arms Act etc. would fall in the category of heinous and serious offences–They are to be treated as the offence against society and not against individual–In such type of cases, powers u/s. 482 cannot be exercised on the ground that the parties have resolved their entire dispute amongst themselves–However, High Court would not rest it’s decision merely because there is a mention of Sec. 307 in the FIR or the charge framed under this provision–It would be open to the High Court to examine as to whether incorporation of Sec. 307 IPC is there for a shake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing of charge u/s. 307.
