Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Separate suit to challenge - Bar to maintainability of suit U.O.23.R.3-A CPC is only with respect to decrees passed on the basis of compromise and not on the basis of consent - There is a mark difference between decree which has been passed on the basis of compromise U.O.23.R.1 CPC vis-a-vis decree passed..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Separate suit to challenge compromise decree obtained on the basis of compromise is not maintainable...........
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
Indian Penal Code, 1860, Section 307, 458, 323, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 307, 458, 323, 143 IPC and S.3(2)(V) SC/ST Act - Medical opinion that three injuries were not dangerous to life - I.O. found offence u/s..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise between complainant and accused when investigation was under progress - Offences in question were no, compoundable as per S.320 IPC - Said fact is not at all..........
Indian Penal Code, 1860, Section 436, 341, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341 IPC - Compromise - It would not be appropriate to compound the offence which is not compoundable under Cr.P.C. ignoring statutory provisions - Conviction of accused persons u/ss 436, 341 IPC cannot be set aside on basis of compromise...........
Indian Penal Code, 1860, Section 436, 341, 323, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341, 323 IPC - Compromise - Taking into consideration relationship of parties and factum of compromise between parties, sentence of imprisonment imposed on accused persons is modified to period already undergone by them - Accused acquitted...........
