compromise Archives

Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates

Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.

Case Briefs High Courts

J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement

Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue

Case Briefs High Courts

Punjab and Haryana High Court | Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim

Punjab and Haryana High Court: In the case relating to the compundable offence under Section 420 of the Penal Code, 1860 and

Case Briefs High Courts

In matrimonial offences, quashing is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo: Del HC

Delhi High Court: Stating that, cases under Section 376 of Penal Code, 1860 should not be quashed and should not be taken

Case Briefs High Courts

[Rape] Kar HC addressed whether offence under S. 376 IPC can be compounded in case of settlement arrived between the parties

Karnataka High Court: M Nagaprasanna, J., quashed the proceedings against the petitioners in Crime No.87 of 2022 of Byadarahalli Police Station pending

Case Briefs High Courts

Whether absence of rule of law or utter disregard for the same propels a country towards inevitable ruin? Del HC throws light

Delhi High Court: Expressing that, attempts to circumvent or undermine judicial decisions need to be viewed seriously in order to ensure that

Case Briefs High Courts

Gau HC | Sexual offences against minor cannot be compromised by parents; HC rejects application to enforce compromise

Gauhati High Court: Arun Dev Choudhury, J., held that sexual offences against minor cannot be compromised by parents. An FIR was lodged

Case Briefs High Courts

Megh HC | Lower Courts to deal with entire process expeditiously after receipt of the application under S. 151 read with Or. 20 R. 6-A CPC

Meghalaya High Court: H.S. Thangkhiew, J. while hearing a revision application allowed the same and directed the lower court to deal with

Case Briefs High Courts

Sikk HC | Handing out punishment is not the sole form of delivering justice; Court allows compromise

Sikkim High Court: Bhaskar Raj Pradhan, J. allowed the compromise to bury the difference between parties and gives them their lives as

Case Briefs Supreme Court

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”

Case Briefs Supreme Court

Consent decree cannot be modified/ altered unless the mistake is a patent or obvious one: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that a consent decree cannot be modified/ altered unless

Case Briefs High Courts

Will Delhi HC allow waiving off alleged offence of rape in view of compromise and subsequent marriage between complainant and accused? Read to know

Delhi High Court: Stating that, Rape is an act against society, Rajnish Bhatnagar, J., held that simply entering into a compromise allegation

Case Briefs Supreme Court

Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court

The settlement agreement subsumes the original complaint.

Case Briefs Supreme Court

In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court

Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of

Case Briefs Supreme Court

Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court

In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.

Case Briefs High Courts

Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels

Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence

Case Briefs High Courts

Del HC | Any judicial system which does not provide finality to disputes, can never earn the trust, confidence and goodwill of the society: HC highlights ‘Consent Decree’ and ‘Lawful Compromise’

Litigants think that they can ‘hop on and hop off the case’ at any stage without any consequence using the slogan ‘pure justice’.

Case Briefs High Courts

Chh HC | The term ‘compromise’ and ‘conciliation’ differentiated; In case mandate under S. 18(2) of MSME Development Act, 2006 is not followed strictly, proceeding under S. 18(3) of the Act is illegal

Chhattisgarh High Court: Rajendra Singh Samant J. allowed the appeal and directed to take up the proceeding for conciliation under Section 18

Case Briefs High Courts

P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation

Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand

Case Briefs High Courts

Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides

Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about