Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 320 -- Cheating - Civil and criminal proceedings - Compounding of offence through compromise arrived at in civil proceedings - Permissibility - When civil liability is compromised and settled with a rider that said civil liability or any proceeding in that regard were settled, it has to be..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 341 -- Compounding of offence - Offence u/ss 323, 324, 341 IPC - All the offences are compoundable in nature and thus, can be compounded even at appellate/revisional stage - Accused acquitted of charge u/ss 324, 341 IPC in view of compromise...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Once a person is convicted u/s 307 IPC, he cannot be acquitted on the basis of compromise - Offence u/s 307 IPC is no, compoundable...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Non-compoundable offence - Where offence is no, compoundable and parties have come to a compromise then factum of compromise can always be considered while determining question of sentence...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused fired at complainant by mistake - Injuries found on the body of complainant were simple in nature - Incident took place in the year 1993 and parties are related to each other - Taking into consideration that compromise has taken place between parties, ends of justice would be served if sentence of 5 years..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Prosecutrix aged 30 years is a married lady having three children - She after death of her husband developed physical relations with accused with assurance that he will solemnize marriage with her - Allegation that prosecutrix was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Matrimonial dispute - Compromise - Compromise arrived at without any kind of pressure, threat or undue influence and statement of petitioners in respect of compromise also recorded - FIR alongwith all consequential proceedings quashed...........
Indian Penal Code, 1860, Section 307, 504, 506 -- Attempt to murder - Compromise - Parties closely related to each other - Moreover, gunshot injury sustained by victim is on his no, vital part of body, which does not fall in the category of either attempt to murder or of heinous crime - Criminal prosecution against accused in such circumstances would be exercise in..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27 -- Attempt to murder - Compounding of offence - Compromise entered in between parties, who are closely related to each other - Accused has faced protracted trial for more than 15 years - No useful purpose will be served by sending accused behind bars, who is stated to be on bail - Conviction upheld - However,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 467, 468, 471, 506(2), 120B -- Quashing of FIR - Offence u/ss 384, 467, 468, 471, 506(2), 120-B IPC - Compromise - Allegations in FIR not only involve a private dispute over a land transaction between two contesting parties, but also involves allegations of extortion, forgery and conspiracy..........
