Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Cheating - Compounding of offence - Accused deposited the amount involved in alleged transaction - Complainant has no intention to proceed with prosecution, since he is getting his money - Since alleged offence is compoundable with permission of Court, accused permitted to move..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Matrimonial dispute - Husband declared proclaimed offender (PO) - Compromise - Wife stated that compromise is out of her own free will, without any coercion or pressure - Plea of husband that order declaring him PO is in violation of provisions of law as he was admittedly in USA..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 320 -- Cheating - Civil and criminal proceedings - Compounding of offence through compromise arrived at in civil proceedings - Permissibility - When civil liability is compromised and settled with a rider that said civil liability or any proceeding in that regard were settled, it has to be..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 341 -- Compounding of offence - Offence u/ss 323, 324, 341 IPC - All the offences are compoundable in nature and thus, can be compounded even at appellate/revisional stage - Accused acquitted of charge u/ss 324, 341 IPC in view of compromise...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Once a person is convicted u/s 307 IPC, he cannot be acquitted on the basis of compromise - Offence u/s 307 IPC is no, compoundable...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Non-compoundable offence - Where offence is no, compoundable and parties have come to a compromise then factum of compromise can always be considered while determining question of sentence...........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of criminal proceedings - Offence u/s 498-A IPC and S.4 Dowry Prohibition Act - Divorce between parties - Criminal prosecution can continue...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Matrimonial dispute - Compromise - Compromise arrived at without any kind of pressure, threat or undue influence and statement of petitioners in respect of compromise also recorded - FIR alongwith all consequential proceedings quashed...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 320, 34, 201 -- Framing of charges - Murder case - Reference to order of pre-arrest bail is of little consequence in the matter of framing of charges against petitioner on the basis of materials on record which give rise to a strong suspicion of commission of offence punishable u/ss 302, 34 IPC...........
