Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Compromise - During pendency of second appeal - A party who acquired interest pendente lite, cannot prevent parties from reaching settlement between them and impleading application on behalf of such party need not be entertained, particularly when no such application was filed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 353, 342, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 186, 353, 342, 506, 34 IPC - Compromise entered into between parties, which is genuine, voluntary, without any coercion or undue influence - Offences in question are not heinous offences or serious offence of mental..........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the pretext of compromise petitioner obtained favourable order from Court - Now he wants to disown the same - A person who tries to play with Court is to be strictly dealt with and serious action is required to be taken against such person - Complainant would be free to revive his complaint and all..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter between parties compromised and due amount already paid by accused - Conviction and sentence set aside - Accused acquitted...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree on basis of compromise - Compromise made part of judgment - Decree not set aside by any Competent Court - Operation of decree not stayed by any Court - Decree is liable to be executed as J.D. has not honoured terms and condition of compromise - Objections raised by J.D. to bring on record..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree not held by any competent Court to be nullity - Decree not against any provisions of law or without jurisdiction - Objections rightly dismissed...........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Indian Penal Code, 1860, Section 354, 506 -- Offence u/ss 354, 506 IPC - Compromise arrived at between parties - Complainant stated that she entered into compromise with petitioner of her own freewill and without any duress from any quarter - Pursuing prosecution will serve no purpose as in all likelihood there will be no evidence to establish prosecution case - FIR..........
