Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Mere existence of a compromise decree in a civil suit does not ipso facto render criminal prosecution non-maintainable, particularly when terms of settlement themselves contemplate withdrawal of complaint only upon fulfillment of specified conditions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483(3) -- Anticipatory bail - Cannot be cancelled solely on the ground that terms of compromise or promise to make payment has not been met by accused...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife is presently unemployed and financially dependent - Her standard of living during marriage was evidently high and she cannot be expected to compromise her standard of living merely because husband seeks to downplay or obscure his own financial capacity - Husband belongs to a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise entered into between parties - Plaintiff is entitled to refund of Court fee...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - Primary onus lies on DH to show that JD has willfully disobeyed the conditions of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Indian Penal Code, 1860, Section 323, 147, 500, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 147, 500, 504, 506 IPC and S.3(2)(va) of SC/ST Act - Compromise - Dispute is purely private in nature - Prima facie alleged offence has not been committed on account of caste of victim and except some..........
Bharatiya Nyaya Sanhita, 2023, Section 69, 318(4) -- Rape - Compromise - Quashing of proceedings - Prosecutrix is 28 years of age and petitioner No.1 is not turned 21 years of age on the date of offence - She is an illiterate person working as a housemaid and she did not know legal consequences or she did not have knowledge of age difference and marriageable age of..........
