Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 436, 34 -- Quashing of FIR - Offence u/ss 436, 34 IPC - Compromise arrived inter se parties - Court while exercising power vested in it u/s 482 Cr.P.C., deems, it fit to accept prayer made by counsel representing the accused - Offence compounded - Conviction and sentence set aside - FIR quashed...........
Criminal Procedure Code, 1973, Section 320(4)(b), Indian Penal Code, 1860, Section 323, 324, 325 -- Compounding of offence - Death of grievously injured witness - Complainant and his three injured brothers have entered into compromise on behalf of deceased - Offences u/ss 323, 325 IPC are compoundable, thus complainant and his three brothers entitled to get benefit of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud or collusion - Separate suit to challenge compromise decree is not maintainable - Compromise decree is to be challenged before same Court under provision of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed executed on the basis of compromise decree - Suit is barred by limitation, as suit is filed after 3 years from accrual of cause of action...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 324, 323, 341, 34 -- Quashing of FIR - Offence u/ss 324, 323, 341, 34 IPC - Compromise arrived at between parties in presence of respectable people of village - Alleged offences are not heinous offences showing extreme depravity nor they are against society - They are offences of personal..........
Negotiable Instruments Act, 1881, Section 138, 142, 147 -- Dishonour of cheque - Compounding of offence - Cheque amount though was Rs.60,000 out of it a sum of Rs.50,000 already paid by accused to complainant before institution of complaint - Complaint filed only with regard to remaining amount of Rs.10,000 - Joint application u/s 142 of the Act filed by parties with a..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Conviction - Compromise - Parties arrived at a settlement by which both parties agreed to get divorce by mutual consent - Joint petition for divorce by mutual consent filed in which they have made their respective statements - Criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Alleged by one party and denied by the other - Holding of an enquiry is must in such situation, by framing an issue of its existence in view of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Validity of compromise decree - Court can examine validity of compromise entered into before Court itself...........
