Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 394 -- Compromise in an offence u/s 394 IPC - Offence not compoundable within scope of S.320 Cr.P.C. - However, Court in view of compromise arrived at between parties can reduce the sentence imposed while maintaining conviction...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 307, 336, 34 -- Quashing of FIR - Compromise - Offence u/ss 307, 336, 34 IPC - Occurrence took place over a petty issue and parties are residents of same village - Though complainant suffered a grievous injury on his head on account of gandasi blow, yet settlement arrived at during the course..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 471 -- Quashing of FIR - Compounding of offence - Offence u/ss 420, 471 IPC - Even though offence in question is no, compoundable, but High Court in exercise of its jurisdiction u/s 482 Cr.P.C. can quash such offence on the basis of settlement arrived at between parties - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 452, 326, 323, 354, 356, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 452, 326, 323, 354, 356, 148, 149 - In the instant case, investigating agency, after investigation filed cancellation report seeking cancellation of proceedings - Even, matter is compromised between parties and..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 34 -- Compoundable offence - Court has no objection in allowing compounding petition...........
Criminal Procedure Code, 1973, Section 320 -- Compromise - In respect of serious offences like murder, rape, dacoity etc. or other offences of mental depravity under IPC or offences of moral turpitude under special statutes like P.C.Act, settlement between offender and victim can have no legal sanction at all...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 320 -- Three dying declarations - Murder - Second dying declaration recorded by Executive Magistrate witnessed by two employees of hospital - Merely because no certificate of doctor is on record, it cannot be said that said dying declaration is not reliable as doctor was not present at that time to attend..........
Indian Penal Code, 1860, Section 320, Evidence Act, 1872, Section 32 -- Three dying declarations - Murder - Death by burning - Deceased suffered 72% burn injuries - First oral dying declaration of deceased recorded by police is consistent with second dying declaration which was recorded by Executive Magistrate - Deceased named the accused in both the dying declarations -..........
Indian Penal Code, 1860, Section 320 -- Hurt - Even if a victim does not suffer severe bodily pain or is unable to follow his ordinary pursuits for 20 days, even then hurt caused to him can be grievous if it endangers his life...........