Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can file application for maintenance even after the matter was compromised and she received lump sum alimony vide said compromise, particularly when she is unable to maintain herself and children...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter has been amicably settled between parties - Offence in question ordered to be compounded subject to payment of 10% of cheque amount as compounding fee by accused...........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Rape - Conviction - Compromise during pendency of appeal - Victim solemnized marriage with accused - She is mature enough, as she is 22 years of age now - Strict interpretation to cut off provided under POCSO Act, should not be creating any obstacle as such..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Incurable mental ailment of wife - Husband earlier filed divorce petition but to give a second try to his matrimonial life he compromised the matter - However, after compromise behavior of wife did not change and she continued with her bad behavior - Continuation of bad behavior by..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of minor girl by her step father - Testimony of prosecutrix - Statement of prosecutrix recorded u/s 164 Cr.P.C was without any coercion or duress, as her mother was not present with her - Prosecutrix was tutored by her mother when she stepped into witness box - It appears that mother has entered into compromise with her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 447 -- Quashing of proceedings - Compromise - Offence u/ss 307, 323, 447 IPC - Complainant did not receive any injury on any vital part of his body so as to constitute attempt to murder - Merely because FIR/charge sheet incorporates provision of S.307 IPC would not by itself be a ground..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - After spending 10 years in litigation - Precious judicial time of almost 10 years of Court consumed - Accused to deposit an additional sum of Rs.5 lakhs with Supreme Court Advocate-on-record Advocates Welfare Fund...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Second motion u/s 13-B(2) of the Act by both the parties has never been moved - Husband alone filed application for compromise between parties - Wife never appeared in petition u/s 13-B of the Act - In absence of second motion not having moved by both the parties to marriage, Court cannot pass a decree of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - When matter has been settled by both the spouses and relatives, possibility of conviction is remote and bleak and notwithstanding the fact that offence u/s 498-A IPC is a non-compoundable offence, there should be no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323 -- Quashing of proceedings - Compromise - Matrimonial offence - Husband and wife entered upon compromise in which husband agreed not to repeat such acts or bear any enmity against wife in future - Wife stated that since husband is only earning member of their family and they have a small..........
