Continuation Of Criminal Proceedings After Compromise Would Cause Oppression & Prejudice To Parties: Allahabad HC [Read Judgment]
5 years, 4 months ago

Continuation Of Criminal Proceedings After Compromise Would Cause Oppression & Prejudice To Parties: Allahabad HC [Read Judgment]

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The Allahabad High Court on Thursday reiterated that once the parties had decided to enter into a compromise, it would be oppressive and prejudicial to continue the proceedings. The continuation of a criminal proceedings after compromise would cause oppression and prejudice to the parties concerned." quashing of the impugned criminal proceedings, and said, "on account of compromise entered into between the parties concerned, all disputes between them have come to an end and on the aforesaid facts continuance of criminal proceedings pursuant to impugned charge-sheet against the applicants after compromise arrived at between the parties would be a futile exercise, therefore, same is liable to be quashed by this Court. xxx When the complainant of a case or the victim of the offence itself expresses its resolve not to give evidence against the accused in the back drop of the compromise between the parties inter-se or if the fact of inter-se compromise in between the parties is apparent on the face of record, and they are still called upon the depose in the Court, they in all probability, go back on their words and resile from their previous statements, the truthfulness of which is best known only to themselves…The solemn proceedings of the Court often get reduced to a sham exercise and farce in such circumstances." Stating that it may not be necessary to mete out punishment in every criminal offence, particularly, if the parties concerned wants to bury the hatchet, Justice Singh said, "even in the cases which involved non compoundable offences…The inherent jurisdiction of this Court may be suitably exercised if the parties inter-se have mutually decided to bury the hatchet and settle the matter amicably in between them in a criminal litigation emanating from such dispute which are quintessentially of civil nature and other criminal litigations, which do not have grave and deleterious social fall-outs."

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History of this topic

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months, 1 week ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 months, 3 weeks ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

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Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers
3 months ago

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

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On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into …

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers
3 months ago

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

Live Law  

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into …

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
3 months, 1 week ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

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The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property
10 months, 1 week ago

Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property

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The Allahabad High Court has imposed a cost of Rs. Thereafter, petitioners produced another unregistered Will after allegedly removing defects and took a stand for the first time before the First Appellate Authoritythat they had not produced the Will before the Tehsildar. High Court Verdict Perusing the record, the Court observed that the petitioners had not taken the plea regarding …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
1 year, 2 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court
2 years, 6 months ago

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court

Live Law  

The Supreme Court observed that the courts should be slow to excercise their jurisdiction to quash criminal proceedings on the basis of settlement, when the offences are capable of having an impact not merely on the complainant and the accused but also on others.Cases involving abuse of official position and adoption of corrupt practices cannot be treated like suits for. …

"Civil Dispute Given Colour Of Criminal Wrong Doing" Supreme Court Quashes Chargesheet Registered U/S 420 IPC
3 years ago

"Civil Dispute Given Colour Of Criminal Wrong Doing" Supreme Court Quashes Chargesheet Registered U/S 420 IPC

Live Law  

Observing that continuation of proceedings would amount to abuse of process the Supreme Court recently quashed a case registered u/s 420 IPC where a civil dispute was sought to be given a colour of criminal wrong doing. The bench of Justices DY Chandrachud and Surya Kant in the present case was considering a criminal appeal assailing Allahabad High Court's order …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Sec 498A IPC Conviction Should Not Be Maintained When There Is A Genuine Settlement Of Matrimonial Disputes : Supreme Court
3 years, 2 months ago

Sec 498A IPC Conviction Should Not Be Maintained When There Is A Genuine Settlement Of Matrimonial Disputes : Supreme Court

Live Law  

Emphasizing the duty of the Court to encourage genuine settlement of matrimonial disputes, the Supreme Court set aside conviction of a man under Section 498A of the Indian Penal Code, 1860.In this case, the husband was convicted under Section 498-A IPC and was sentenced to undergo simple imprisonment of three years. Emphasizing the duty of the Court to encourage genuine …

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court
4 years, 4 months ago

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court

Live Law  

"It is unfortunate that clients are suffering for cases which can easily be disposed of but for the reasons that the Members of Bar have been abstaining from judicial work creating a backlog of cases", the Allahabad High Court observed on Monday. Perusing the same, the Court said, "From the perusal of the same, it indicates that for various reasons, …

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]
4 years, 6 months ago

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]

Live Law  

Asserting that in the selection of police personnel, reference to the character, antecedents, criminal case, etc. of the candidate is of paramount significance, the Madras High Court recently warned that otherwise "there is every possibility of one more incident like that of Sathankulam, Tuticorin District", where an Inspector and his team were alleged to be a root cause for the …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 8 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

Allahabad HC Quashes Criminal Proceedings Against Abdullah Azam Khan Alleging Promoting Enmity Between Classes During Elections [Read Order]
5 years, 1 month ago

Allahabad HC Quashes Criminal Proceedings Against Abdullah Azam Khan Alleging Promoting Enmity Between Classes During Elections [Read Order]

Live Law  

The Allahabad High Court on Thursday quashed the charge sheet and consequential proceedings initiated against Abdullah Azam Khan for making false statements during elections and attempting to promote enmity between religious groups. Khan was being investigated under Sections 171-G IPC and 125 Representation of People Act. Since offence under Sections 171-G IPC and 125 Representation of People Act are non-cognizable …

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]
7 years, 5 months ago

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]

Live Law  

A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and …

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