“13.It is manifest that simply because an offence is not compoundable under Section 320 of the Code of Criminal Procedure is by itself no reason for the High Court to refuse exercise of its power under Section 482, Cr. P.C. That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. There is a subtle distinction between compounding of offences by the parties before the trial Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecution under Section 482, Cr. P.C. on the other. While a Court trying an accused or hearing an appeal against conviction, may not be competent to permit compounding of an offence based on a settlement arrived at between the parties in cases where the offences are not compoundable under Section 320, the High Court may quash the prosecution even in cases where the offences with which the accused stand charged are non-compoundable. The inherent powers of the High Court under Section 482, Cr. P.C. are not for that purpose controlled by Section 320, Cr. P.C. Having said so, we must hasten to add that the plenitude of the power under Section 482, Cr. P.C. by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the
