compromise Archives

[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC

Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.

compromise deed to drop criminal proceedings not unlawful

Cases Reported Never Reported Judgments

Never Reported Judgment| Mere clause in compromise deed to drop criminal proceedings between parties will not necessarily render compromise unlawful [(1953) 1 SCC 249]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on unlawful consideration.

Case Briefs High Courts

Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act

“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”

Case Briefs High Courts

Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement

‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’

compromise not termination of proceedings in malicious prosecution

Cases Reported Never Reported Judgments

Never Reported Judgment| Compromise between parties is not termination of proceedings in a suit for malicious prosecution [(1952) 2 SCC 446]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on malicious prosecution.

Case Briefs High Courts

Himachal Pradesh High Court quashes FIR against man accused of offence under POCSO to preserve happy, peaceful married life of accused and victim

“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”

Case Briefs High Courts

[Theos v. Theobroma] ‘Theos to be restrained to Delhi-NCR region’; Delhi High Court settles terms in trade mark infringement suit

“No party shall oppose each other’s marks or object to the same, in any manner, so long as the same are in compliance with the terms of this settlement.”

Case Briefs High Courts

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.”