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,..........
Transfer of Property Act, 1882, Section 19 -- Vested interest - Will - Compromise agreement - Settlement deed in respect of suit property owned by owner and his wife has not created any vested right in praesenti including any right in the form of right which could be enforced in future - Even, wife has ownership right in suit property which she has acquired upon death of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of F.I.R. - Compromise between parties before Permanent Lok Adalat collapsed - Husband now offered Rs.2.50 lacs towards full and final settlement i.e. permanent alimony and maintenance which is not acceptable to wife - Petition dismissed...........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of order restraining mother-i, law dispossessing daughter in law - During pendency of petition parties compromised - In terms of compromise entire sum agreed paid by petitioner and possession of premises handed over to petitioner - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 394 -- Quashing of FIR - Offence u/s 392, 394 IPC - Compromise arrived at between parties and matter resolved - FIR is outcome of a misunderstanding between parties - Statement of parties recorded, which indicates that they have entered into compromise voluntarily and without any pressure or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - Compromise between parties is genuine, arrived voluntary without any fear or force - Even, none of the parties is proclaimed offender - Keeping in view the facts and circumstances of the case, it would be in the interest of justice to quash the FIR as no useful purpose would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental disorder of wife - Specific instances of abnormal behaviour of wife not mentioned by husband, though he vaguely contended that she was suffering from mental illness - Evidence of two psychiatrists available on record, but there was no certificate to the effect that wife was suffering from incurable..........
