Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Abetment cannot be termed as offence of personal or private in nature - FIR cannot be quashed on the solitary ground of compromise without there being any mitigating circumstances as it will be dangerous proposition to be laid when compromise is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 34 -- Quashing of proceedings - Offence u/ss 304-B, 34 IPC - Compromise arrived at between parties - Parties have settled the matter amicably and de facto complainant inclined to withdraw police report - Compromise is executed by parties out of their free will and they confirm the terms..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 148, 149 IPC - Matter between parties dissolved by entering into compromise - Offence u/ss 307, 148, 149 IPC is not compoundable u/s 320 Cr.P.C - However, all the accused are in their formative years of their lives - Considering..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 6A -- Compromise - Suit disposed of in terms of compromise but formal decree not drawn - Plaintiff to file an application u/s 151 r/w O.20.R.6-A CPC before the Court for drawing the decree in accordance with the order...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction of accused had attained finality by virtue of order passed by Supreme Court much before filing of petition for compounding of offence - However, no application for compounding of offence was filed after compromise between parties - Since prayer for compounding of..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Compromise between parties - Conviction confirmed by High Court - No credence can be granted to such compromise...........
