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...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to giving of money for purpose of getting a case decided from a judicial officer is not a case of simplicitor financial dispute - FIR cannot be quashed merely on a basis of fact that matter is compromised and offence involved is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to financial dispute simplicitor can be a ground for quashing of FIR based upon compromise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was given as security in view of compromise arrived at between parties - Complainant admitted that cheque was not issued in respect of any enforceable debt - Proceedings u/s 138 of the Act would be illegal - Complaint quashed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are living separately for the last 10 years - Compromise arrived at between parties and they have decided to take divorce by mutual consent - Marriage between parties is irrevocably broken down - There is no possibility of reconciliation between them - Mandate of statutory period of 6 months as..........
