Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Compromise - Quashing of FIR - Dispute between parties amicably settled - Complainant does not want to pursue the case against petitioner - Offence u/s 420 IPC along with proceedings emanating thereto, quashed - Petition allowed...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Under no circumstances compromise can be really thought of, in a case of rape or attempt to rape, as it would be against victim's honour which matters the most...........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Attempt to murder - Compromise - Though the offence u/s 307 IPC is a serious offence and no, compoundable but High Court has power to accept the compromise - Instantly, investigation is at initial stage - No injury is caused to victim - Weapon of offence not recovered by police -..........
Indian Penal Code, 1860, Section 406, 498A -- Offence u/s 406, 498-A IPC - Compromise - Quashing of FIR - Parties settled the dispute amicably - Chances of conviction are bleak - Continuation of trial arising out of FIR would be a sheer abuse of process of law - FIR along with consequential proceedings quashed...........
Civil Procedure Code, 1908, Order 3, Rule 4(5) -- Advocate not duly authorized by vakalathnama - Said advocate has no authority to compromise a suit, confess judgment in suit or make admission so as to bind the party - No court shall accept or act on such a compromise or confession or admission without verifying whether Advocate doing so had been authorized by party by..........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Maintainability - When a decree passed is said to be on the basis of a compromise or consent and if it is legally not such a decree, there cannot be any prohibition, either u/s 96(3) CPC or otherwise, in challenging the correctness of decree before an appellate forum...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506, 511, 380, 451, 34 -- Quashing of proceedings - Compromise - Offence u/ss 376, 506, 511, 380, 451, 34 IPC - Although FIR was registered under the alleged offences but when statement of complainant was recorded u/s 164 Cr.P.C,, no such allegation was leveled - It was basically a..........
Legal Services Authorities Act, 1987, Section 20 -- Lok adalat - Compromise - Lok adalat is not a Court as defined under the Act or under CPC - Compromise or settlement should be between parties - Consent of both parties evidenced by their signature on compromise is condition precedent for any lawful order to be passed by Lok Adalat, so as to bind the parties - Signatures..........
Criminal Procedure Code, 1973, Section 320, 324, 326 -- Offence u/ss 324, 326 IPC - Compromise - Non-compoundable offence - Offence though cannot be compounded but compromise can be taken into account for reducing the sentence - Taking into account the compromise between parties particularly when they are close relatives, sentence reduced to period already undergone...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Denial by other party - If Court finds that compromise has been signed by both parties and one of the parties was resiling from the same, he shall set out the legal justification for the same and Court is bound to record the finding as to whether compromise is true or not - If compromise was true, there is no way..........
