Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant arrived at a compromise with appellant without any coercion and at his own will and voluntarily - Once complainant has signed compromise deed accepting the amount in full and final settlement of default sum, proceedings u/s 138 of the NI Act cannot be sustained..........
Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Matrimonial dispute -- Settlement - Matter is settled between parties - All pending criminal and civil litigations filed by either party against the other, including but not limited to those against Wife, Husband, and his family members, in any Court or forum in India are quashed and/or withdrawn - Marriage between parties dissolved by invoking power u/art 142 of..........
Will -- Proof of - Will distributed the properties in defined proportions between plaintiff and defendant - There is ample material on record to establish that testator anticipated that relations between plaintiff and defendant were not congenial and that is why, in order to avoid future conflicts, he divided his properties by way of a family settlement and bequeathed a..........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - Settlement took place between parties outside Court, during pendency of execution proceedings - Executing Court shall issue a certificate of refund to decree holder to seek full refund of Court fees from Collector...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
