Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 326, 307 -- Compounding of offence - Offences u/ss 326 & 307 IPC are not compoundable - But since parties have entered into compromise and are neighbours and there is harmonious relationship between two sides and that they are living peacefully, therefore, proceedings are liable to be quashed..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation - If mediation agreement reaches criminal court agreeing to settle issue on certain terms, criminal court cannot rely on that agreement and pass a civil decree - But can only on the basis of evidence either convict or acquit accused and if case is..........
Electricity Act, 2003, Section 154 -- Compounding charges and Civil liability - Difference - Compounding charges are towards offence, whereas civil liability is towards electricity charges...........
Electricity Act, 2003, Section 135(1A), 154(6) -- Theft of electricity - Deposit of compounding charges - Does not lead to restoration of supply - Compounding charges and civil liability are distinct - Electricity connection is to be restored on payment of amount determined as per 3rd proviso to S.135 (1-A) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize the complaint and, if the..........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Compounding u/s 320(1) Cr.P.C. is permissible only in minor offences or in no, serious offences - Likewise, when parties reach settlement in respect of offences enumerated in S.320(2) Cr.P.C. compounding is permissible but it requires approval of Court - In so far as serious offences are concerned,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compounding of offence - Held, only because FIR/Charge-sheet incorporates provision of S.307 IPC would not by itself be a ground to reject petition u/s 482 Cr.P.C. and refuse to accept settlement between parties - If High Court forms an opinion that provision of S.307..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 - - Compounding of offence - Charge sheet filed - Evidence yet to be adduced - Long standing disputes between parties - Village elders made parties to compromise the matter - In view of settlement no witness likely to turn up to support prosecution - Chances of conviction appear to be remote -..........
