Criminal Procedure Code, 1973, Section 420, 320, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Matrimonial dispute - Quashing of proceedings - Matter is matrimonial in nature - Parties have amicably settled the matter outside Court through compromise - Held, continuation of criminal proceedings arising out of the same..........
Indian Penal Code, 1860, Section 326, 324, Criminal Procedure Code, 1973, Section 320 -- Voluntarily causing grievous hurt - Offence u/s 326 may not be compoundable even with permission of Court - Offence u/s 324 IPC could be a compounded with permission of trial Court or of this court also in light of provisions of S.320(6) Cr.P.C. as parties have to be allowed by..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320 -- Conviction u/ss 307, 34 IPC - Parties compromised - Incident 20 years old - Appellants agriculturists by occupation and having no previous criminal background - Relations between parties became cordial and parties living peacefully in the village - Appellants already undergone sentence..........
Indian Penal Code, 1860, Section 307, 324, Criminal Procedure Code, 1973, Section 320 -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Compounding of - Power of court - When alleged incident had taken place and when impugned judgment was passed, offence u/s 354 IPC was compoundable - However, after the amendment made in Cr.P.C. in 2005, said offence is no longer compoundable - Held, notwithstanding..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307, 34 -- Quashing of FIR - Matrimonial dispute resulting in the lodging of FIR u/s 307 IPC - Quashing of FIR sought on the ground that parties have sorted out their matrimonial dispute and are living together - Held, quashing of FIR will bring the two families together and will also help them..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Wife got an FIR lodged u/ss 498-A and 406 IPC - Parties sorted their differences under settlement which was the result of free will and volition without there being undue influence or coercion - Held, no useful purpose will be served by proceeding further with the FIR and the proceedings arising..........
Criminal Procedure Code, 1973, Section 389, 320 -- Appellants convicted and sentenced u/ss 307, 323 and 149 IPC - Appellant set up compromise allegedly taken place between parties - Offence not compoundable u/s 320 CrPC - Held, conviction cannot be set aside on the basis of compromise - Sentence of appellant thus cannot be suspended...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Quashing sought on basis of compromise - Prima facie no offence made out from the narrations made in FIR - Held, fit case for quashing the FIR...........
Kerala Prohibition of Ragging Act, 1998, Section 4, Indian Penal Code, 1860, Section 341, 506(i), Criminal Procedure Code, 1973, Section 320 -- Offence of ragging - Whether cognizable - Since it is punishable for imprisonment for less than three years, it is only a non cognizable offence - Sub Inspector of Police not competent to register a case on receipt of a complaint..........
