Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise in non compoundable offence - High Court has inherent powers u/s 482 Cr.P.C. to quash criminal proceedings even in no, compoundable offence on the basis of compromise...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband alleges that wife levelled allegation of impotency upon him - However, evidence on record shows that if wife levelled an allegation of impotency against husband, she would not have returned to her matrimonial home nor would husband insisted on resumption of matrimony - Moreover, there..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 3, 12 -- Dishonour of cheque - Compromise between parties - Accused is Government employee and has already paid cheque amount - Moreover, he is not a habitual offender - Thus, benefit of Ss.3, 12 of 1958 Act, can be extended to accused so that impugned judgment will not affect his..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant placed on record compromise deed wherein, it is admitted that matter is finally settled and complainant has no objection if offence is compounded and accused is acquitted - Judgment of conviction and sentence set aside and accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Accused convicted and sentenced to undergo simple imprisonment for 6 months along with fine of Rs.500/- and in default to further undergo imprisonment for 30 days - Matter compromised between parties - Sentence of accused reduced to period already..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - During pendency of revision petition, compromise took place between the parties and complainant has submitted settlement affidavit in that regard - Therefore, it is expedient to permit the parties to compound the criminal case at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Termination of FIR u/ss 498-A and 406 IPC through compromise - Document executed whereby matrimonial ties were terminated with consent and parties decided to part their ways and to proceed in their life as per their own wishes and wife agreed that she will not claim any maintenance from husband in future - Held,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheque issued as a friendly loan - Parties have resolved their dispute and compromise was arrived at between parties - Complainant admitted the factum of compromise and he had no objection if accused is acquitted of charge leveled against him - Since offence u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compromise - After dismissal of appeal, accused has compromised the matter and compromise deed has been reduced into writing - Respondent/complainant received entire amount and he has no objection if revision petition is allowed - Order of conviction and sentence set..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 353, 186, 294, 323, 506 -- Offence u/ss 353, 186, 294, 323, 506 IPC - Compromise - Quashing of FIR - Public servant when lodges an FIR regarding assault raised upon him while he was performing his official duty, he loses locus standi to enter into compromise with accused - Petition dismissed...........
