Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 341, 379A, 379B, 120B, 149, 147 -- Bail - Compromise - Offence u/ss 323, 365, 341, 379-A, 379-B, 120-B IPC - Petitioner was not named in the FIR but he was named by victim in a statement recorded u/s 164 Cr.P.C - Evidentiary value of such statement would be subject matter of trial - It..........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Compromise - Matter between parties settled in view of compromise - Victim has solemnized marriage with accused after attaining age of majority - Couple is stated to be residing happily with each other - Possibility of conviction is remote and bleak and continuation of criminal case will cause injustice to parties -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Complainant is permitted to withdraw complaint - Accused directed to deposit compounding fee of Rs.2000 instead of 15% of cheque amount...........
Habeas corpus -- Custody of minor child - Immediately after competent pediatrician pronounces with respect to there being no longer any requirement of minor infant becoming breast feed, thereupon each of combatants qua custody of infant boy, shall proceed to either draw a settlement, or a compromise in respect of his custody, or shall with utmost promptitude recourse..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or lawful agreement - Both are required to be in writing and signed by the parties - Court cannot pass decree U.O.23.R.3 CPC in the absence of written agreement...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband and wife lived together for 24 days after compromise arrived at between them - However, it was discovered that wife was carrying pregnancy of 40 days - Husband's left leg was fractured and he was not in sexual contact with wife during said period - It is thus, evident that wife..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Plaintiff seeking to prove agreement to sell by way of secondary evidence - Earlier an application was filed by defendant asking plaintiff to produce original agreement to sell wherein plaintiff stated that original is not traceable and as and when it was traced, same would be produced - However, plaintiff now in..........
