Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 341, 323, 34 -- Proclaimed offender - Offence u/ss 341, 323, 34 IPC - Petitioner was abroad when he was summoned with the aid of S.319 Cr.P.C - It was not in the knowledge of petitioner that he was summoned by trial Court - Moreover, parties have already compromised the matter and separate petition..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........
Hindu Marriage Act, 1955, Section 13(1)(i), (ia), (ib) -- Divorce - Cruelty, desertion and adultery - Petition by husband - Husband and witnesses on his behalf failed to prove adultery by wife - Cruelty as alleged by husband also not proved, on the contrary ground of cruelty as alleged by wife by way of demand of dowry, same was compromised - Ground of desertion also not..........
Indian Penal Code, 1860, Section 323, 354, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 323, 354 IPC - Compromise between parties - As De-facto complainant has filed an affidavit stating that she has with her own volition compromised the matter with accused and genuineness of said statement has been verified by DSP, therefore, parties are permitted to enter..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Two FIRs u/ss 498-A, 406 IPC lodged against husband by wife, which was later compromised - Husband launched proceedings u/s 9 of Hindu Marriage Act, but withdrew the same - Parties are living separately since 2011 - Husband alleges that marriage took place without dowry however, wife stated that draft..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471 -- Quashing of FIR - Compromise - Cheating - Matter between parties compromised - Compromise is genuine and Court has no inhibition in accepting compromise and quashing FIR as well consequent proceedings arising out of FIR - Proceedings quashed...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 406 -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B, 406 IPC - Complainant backing out from compromise - Complainant cannot be permitted to back out from her statement particularly when her claim has been satisfied and she made a statement that matter has been mutually..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties compromised during pendency of appeal in Supreme Court against order of High Court reversing decree of divorce - Independent and conscious decision taken by parties to a decree of divorce by mutual consent - Joint application for divorce by mutual consent signed by respective counsel along with..........
Indian Penal Code, 1860, Section 307, 325 -- Attempt to murder - Victim not supported prosecution case and declared hostile - Entire case is based upon sole testimony of wife of victim - Accused had no intention to commit murder of victim, as he was having sharp edged instrument but as per allegation he has used blunt portion and that too only once - Only single blow was..........
