Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Indian Penal Code, 1860 (45 of 1860), Section 174A – Settlement in cheque bounce complaint – Proclaimed person -- Quashing o FIR u/s 174A IPC -- Proceedings under the N.I. Act culminated in a settlement with the withdrawal of the complaint – F.I.R. u/s 174-A of IPC along with all subsequent proceedings quashed.

(Para 11-13)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Conviction in cheque bounce complaint – Settlement between parties – Quashing of proceedings – No one has put in appearance on behalf of the respondents, maybe for the reason that there has been a settlement -- Matter is pending since 2018 – Held, once the settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and final settlement of the default amount and the fine amount awarded by the Trial Court, the proceedings u/s 138 of the NI Act need to be quashed -- Appeal allowed and the proceedings u/s 138 of the NI Act, along with impugned orders passed, stand quashed.

(Para 1-5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 320, 397, 401 -- Cheque bounce complaint -- Conviction by trial Court affirmed by Appellate Court – Acquittal on compromise --  Once a settlement is being effected, then in terms of Section 147 of the Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands compounded -- Revision petition allowed and the judgment of Appellate Court and judgment of conviction and order of sentence passed by the learned Trial Court set aside -- Petitioner acquitted.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Punjab Travel Professionals’ Regulation Act, 2012, Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Compromise quashing of FIR – Parties  have settled their dispute amicably -- No useful purpose would be served by keeping the proceedings alive -- It will be in the interest of justice, if the settlement reached between the parties is accepted -- FIR and all consequential proceedings arising therefrom quashed.

(Para 2, 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 306, 323, 120-B, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abetment to suicide – Compromise quashing of FIR -- Deceased himself had not left any suicide note alleging anything against the petitioner -- Cause of death was not of any injuries or any attributable act, rather, the same is stated to be by consuming of poison by the deceased -- Complaint by the father of the deceased only, who has already compromised the matter with the petitioner -- Offence u/s 306 IPC can be quashed on the basis of compromise – FIR and all consequential proceedings quashed qua the petitioners.

(Para 8-10)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 (X), (XIV), (XV) -- Indian Penal Code, 1860 (45 of 1860), Section 323, 504, 506 & 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Criminal intimidation -- Offence under SC/ ST Act – Compromise quashing of FIR -- No useful purpose would be served by keeping the proceedings alive -- It will be in the interest of justice, if the settlement reached between the parties is accepted – FIR and all consequential proceedings arising therefrom quashed.

(Para 7, 8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Proclaimed offender – Compromise quashing of FIR – Special Power of attorney -- A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, more so, when he is absconding in multiple cases pending against him -- He cannot short circuit the system by filing petitions through Powers of Attorney unless he was a minor, insane, suffering from disability or for certain compelling circumstances is unable to appear in person.

(Para 8)

A. Indian Penal Code, 1860 (45 of 1860), Section 498A, 406, 34 -- Dowry Prohibition Act, 1961, (28 of 1961), Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Matrimonial dispute -- Compromise quashing of FIR -- It was a matrimonial dispute which has been amicably settled and thus the parties must be given a chance to move on with their lives -- FIR and consequent proceedings arising therefrom quashed.

(Para 9, 10)

B. Mediation settlement – Printed Performa -- Settlement agreements drafted by the Mediation Centres on a printed proforma – Settlement on the printed proforma sometimes gives an impression that there is no application of mind and the settlement deed has been drafted mechanically -- Mediation Centres and the Family Courts directed to ensure that the settlement deeds are drafted properly and it should not be on a printed proforma.

(Para 11)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 -- Cheque bounce complaint – Compounding after conviction – Waiver of compounding charges -- Acquittal -- Conviction for two years with fine of Rs.2,000/- and Rs.18,00,000/- to be paid to the complainant-respondent as compensation, affirmed by Sessions Court -- Petitioner permitted to compound the offence -- Considering the mitigating circumstances,  compounding charges reduced to Rs.10,000/- -- Judgment of conviction/ order of sentence recorded set aside and petitioner is acquitted of the charges framed against him.

(Para 14)

Indian Penal Code, 1860 (45 of 1860), Section 307, 323, 325, 148, 149 –  Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Arms Act, 1959 (54 of 1959), Section 25, 54, 59A – Attempt to murder/307-IPC – Rioting, armed with deadly weapon/148-IPC – Compromise quashing of FIR -- Statement of parties with regard to compromise recorded -- No useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. – F.I.R and all subsequent proceedings arising therefrom on the basis of compromise quashed qua the petitioner.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 308, 341, 323, 506 –  Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Attempt to commit culpable homicide/308-IPC – Offence under SC/ST Act -- Compromise quashing of FIR -- Statement of parties with regard to compromise recorded -- No useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. – F.I.R and all subsequent proceedings arising therefrom on the basis of compromise quashed qua the petitioner.

(Para 5, 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 323, 341, 379-B -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(2)(va) – Snatching – Compromise quashing of FIR -- Offence for which the accused have been charged are not of serious nature -- Compromise will go a long way in ironing out the differences for betterment of future life of the parties -- Petition for quashing the FIR allowed qua the petitioners.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 285, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Petitioners/ accused had put the scrap articles on fire, which had caused damage to the property of complainant -- Nature of dispute between the parties is by and large private in nature -- Final outcome of prosecution against the petitioners either way is not going to harm the interest of society at large -- Both sides belong to the same area and have their business premises nearby – Petition allowed, FIR u/s 285 and 34 of IPC alongwith consequent criminal proceedings quashed.

(Para 3, 6-9)

Indian Penal Code, 1860 (45 of 1860), Section 353, 332, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR  -- Acquittal -- Offences alleged are petty in nature – No impediment in accepting the prayer made by petitioners for quashing of FIR – FIR alongwith consequential proceedings i.e. Police Challan quashed and set aside and petitioner acquitted of the charges framed against him.

(Para 10, 11)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Cheque bounce complaint -- Compounding of offence without consent of complainant – Ld. Magistrate dismissed the application -- Sessions’ court has remanded the matter to decide it afresh as per law laid down in M/s Meters and Instruments Private Limited case, AIR 2017 Supreme Court 4594 -- Supreme Court has carved out a window in the existing scheme of things saying that the case can be disposed of without obtaining direct consent of the complainant under certain circumstances. The circumstances included :

-- offering an amount fair and acceptable which in the opinion of the court is appropriate for duly compensating the complainant. That is under certain circumstances the court can proceed in absence of direct consent.

-- the court is empowered to apply its discretion in terms of provisions of Section 258 Cr.P.C.

-- this matter is distinct and separate from compounding of the case where both the parties agree.

M/s Meters and Instruments Private Limited’s case has emphasized that where an appropriate amount has been offered/deposited, the trial court may consider to drop the proceeding -- Court has not lost its power of discretion in such matters -- Revision impugning Session Court’s order dismissed.

(Para 3-9)

Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 324, 506 -- Arms Act, 1959 (54 of 1959), Section 25, 27, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Conviction by Trial court – Compromise quashing of FIR -- Acquittal -- Petitioners and private respondents are closely related to each other -- Steps taken by the parties to instant petition cannot be said to have any adverse impact on the interest of the society as a whole -- Dispute was more or less private in nature -- FIR along with all consequential proceedings quashed -- Conviction and sentence set aside and petitioners are acquitted.

(Para 11-13)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 -- Indian Penal Code, 1860 (45 of 1860), Section 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Dishonour of cheque – Compounding of offence – Consent of complainant -- An application for compounding of the offence moved by the petitioners stating that they were ready to pay the cheque amount – Application was contested by the respondent-complainant, dismissed by trial Court upheld by Appellate court – Held, without consent of the complainant, compounding cannot be permitted – Revision dismissed.

(Para 8)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Cheque bounce case – Compromise after Conviction – Acquittal -- Since the revisionist and the complainant have settled the dispute, the offence u/s 138 of the Act gets compounded -- Consequently, the revisionist is entitled to acquittal from the charges as levelled against him -- Orders under challenge set aside -- Revisionist acquitted.

(Para 1, 7-9)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 320(1) -- Compounding after conviction u/s 138 of NI Act -- Total cheque amount received by the complainant and the complainant has given consent for compounding the offence -- Keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence inserted by way of amendment towards special law, would give overriding effect to sub-section (1) of Section 320 of Cr.PC, matter considered as compounded -- Judgment and order of conviction and sentence quashed and set aside.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Section 388, 389, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Extortion – Compromise quashing of FIR – High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties -- Compromise effected between the parties is genuine, outcome of free consent of the parties and is without coercion from any quarter – FIR and all subsequent proceedings arising therefrom quashed, qua the petitioners.

(Para 4-6)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Compromise/ Compounding of offence after conviction -- Agreed amount deposited -- 5% of agreed amount deposited in High Court Legal Services Authority – Offence u/s 138 of NI Act compounded u/s 147 of Act -- Criminal Revision allowed, the judgments of the trial Court and the Appellate Court set aside and the accused is acquitted from the charges levelled against him.

(Para 1-4)

Punjab Prevention of Human Smuggling Act, 2012 (Punjab Act 2 of 2013),  Section 13 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 470, 471, 120-B -- Smuggling of human -- Compromise quashing of FIR -- Statements of the parties recorded and the compromise is genuine and has been arrived at between them without any coercion or undue influence – FIR along with all consequential proceedings quashed qua the petitioners.

(Para 1-3)

Indian Penal Code, 1860 (45 of 1860), Section 363, 366A – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Kidnapping – Compromise quashing of FIR -- Contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings -- No chance of conviction, the continuance of the proceedings would just waste valuable judicial time – FIR under Sections 363 and 366A of IPC, and all other consequential proceedings arising therefrom are quashed qua the petitioner.

(Para 5-7)

Indian Penal Code, 1860 (45 of 1860), Section 313, 34, 406, 498-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Causing miscarriage without woman’s consent – Cruelty -- Compromise quashing of FIR -- Contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings -- Alleged offences are of pre-dominantly private in nature and no moral turpitude or interest of public at large is involved -- There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time – FIR under Sections 313, 34, 406 and 498A of IPC and all other consequential proceedings arising therefrom are quashed qua the petitioners.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Section 370, 384, 406, 420, 506 -- Emigration Act, 1983 (31 of 1983), Section 24 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Trafficking of person – Cheating – Extortion – Compromise quashing of FIR --  Compromise is genuine and has been entered into without any undue influence or threat -- FIR along with all consequential proceedings having arisen therefrom quashed qua the petitioners.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Section 323, 34, 377, 498A, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Matrimonial dispute – Unnatural offence – Compromise quashing of FIR -- Contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings -- There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is well-known fact that courts are already overburdened – Petition allowed, FIR and consequential proceedings quashed.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Compromise quashing of FIR -- Grievance of respondent No.2 was that petitioner is not solemnizing marriage and he had developed physical relation on the pretext of marriage -- Petitioner has solemnized marriage with the victim and her grievance stands resolved – She is happily cohabiting with the petitioner, thus, denial of prayer of the petitioner not only would be against the interest of petitioner but also victim and her family members -- FIR and all other consequential proceedings arising therefrom are quashed qua the petitioner.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Section 326, 324, 323, 506, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR -- Powers u/s 482 Cr.P.C. can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused – Impugned FIR and all consequential proceedings arising therefrom quashed, on the basis of compromise qua the petitioners only.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Section 323, 341, 506, 393, 509, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Attempt to commit robbery – Compromise quashing of FIR -- Continuation of the proceedings would be merely an abuse of process of the Court and by allowing and accepting the prayer of the petitioners by quashing the FIR would be securing the ends of justice, which is primarily the object of the legislature enacting u/s 482 Cr.P.C. -- FIR u/s 323, 341, 506 (393, 509, 34 added in challan) and all subsequent proceedings arising therefrom quashed qua the petitioners on the basis of compromise.

(Para 10, 11)

Indian Penal Code, 1860 (45 of 1860), Section 304-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Causing death by negligence –Compromise quashing of FIR – Victim died due to electric shock -- Quashing of cases u/s 304-A IPC, other than roadside accidents, can be quashed -- In the closely-knit village community, when the parties have buried their hatchets, the continuation of criminal proceedings will not advance the reformative purposes of jurisprudence just for the sake of deterrence -- Continuing these proceedings will not suffice any fruitful purpose whatsoever – By invoking the inherent jurisdiction u/s 482 CrPC, FIR and all subsequent proceedings qua the petitioners quashed.

(Para 1, 6, 7, 9, 19)

Indian Penal Code, 1860 (45 of 1860), Section 307, 506, 148, 149 -- Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Attempt to murder – Compromise quashing of FIR – Petitioners submitted that there are no injuries as alleged in the FIR and offence u/s 307 IPC is not made out – Private respondents also affirmed the submissions and has submitted that there was no injury pertaining to the offence u/s 307 IPC and they have compromised the matter with their free will – Held, continuation of the proceedings would be merely an abuse of process of the Court and by allowing and accepting the prayer of the petitioners by quashing the FIR would be securing the ends of justice, which is primarily the object of the legislature enacting u/s 482 Cr.P.C -- FIR and all subsequent proceedings arising therefrom quashed qua the petitioners on the basis of compromise.

(Para 6, 7, 13, 14)

Indian Penal Code, 1860 (45 of 1860), Section 376D, 506 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – POCSO -- Gang rape -- Compromise quashing of FIR -- Petitioner solemnized marriage with the victim and she is happily cohabiting with the petitioner, thus, denial of prayer of the petitioner not only would be against the interest of petitioner but also victim and her family members -- Further, there appears to be no chance of conviction, thus, the continuance of the proceedings would just waste valuable judicial time and it is well-known fact that courts are already overburdened – FIR u/s 376D and 506 of IPC and Section 6 of the POCSO Act, 2012 and all other consequential proceedings arising therefrom are quashed qua the petitioner(s).

(Para 1-5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Cheque bounce case – Compounding after conviction -- Quashing of conviction and sentence after backout from compromise – In revision double of the cheque amount was accepted by the complainant in terms of a settlement and it was agreed that an application u/s 147 of the N.I. Act for compounding of the offences shall be moved -- However, complainant reneged from the compromise -- Not only does the complainant choose not to appear but his counsel too has chosen not to appear in Court despite this matter having been adjourned on two earlier occasions -- This conduct is reprehensible to say the least – Conviction and order of sentence and all proceedings against the petitioner quashed.

(Para 8-15)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Constitution of India, Article 136 -- Cheque bounce case – Conviction of accused – Compromise at revisional stage – Compounding of offence – Lack of filing of compromise petition led the High Court to dismiss the Revision and confirm the conviction – Held, appellants cannot be convicted, as the settlement is nothing but a compounding of the offence – Respondent No.2 was duty bound to file a compromise petition before the High Court led to an unwarranted confirmation of the Appellants’ conviction – Appeals allowed and order of conviction set aside – It is kept open to the parties to settle their dispute as per the terms of the Memorandum Of Understanding.

(Para 5-13)

Indian Penal Code, 1860 (45 of 1860), Sections 498A, 427, 504, 506 -- Constitution of India, Article 142 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Matrimonial dispute -- Compromise quashing of FIR / Charge -- High Court rejected the quashing petition -- Held, in cases of offences relating to matrimonial disputes, if the Court is satisfied that the parties have genuinely settled the disputes amicably, then for the purpose of securing ends of justice, criminal proceedings inter-se parties can be quashed – Petition allowed, criminal proceedings in charge sheet arising out of FIR quashed.

(Para 4-9)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506 and 509 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Compromise/ partial quashing of FIR  -- Petition qua petitioner no. 2 already withdrawn -- Contesting parties amicably resolved their issue -- There appears to be no chance of conviction -- Continuance of the proceedings would just waste valuable judicial time and courts are already over-burdened – Petition allowed, FIR and consequential proceedings arising therefrom quashed qua petitioner no. 1 and 3.

(Para 2-10)

Indian Penal Code, 1860 (45 of 1860), Section 376, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Compromise quashing of FIR -- Petitioner solemnized marriage with complainant and both are residing together -- There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time -- FIR and all other consequential proceedings arising therefrom quashed qua the petitioner.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 328, 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape -- Compromise quashing of FIR – Parties have solemnised marriage -- No useful purpose would be served by continuing the proceedings -- No chance of conviction, the continuance of the proceedings would just waste valuable judicial time – Petition allowed – FIR and all other consequential proceedings arising therefrom are quashed qua the petitioner(s).

(Para 5-9)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Cheque bounce case – Quashing of FIR u/s 174-A IPC -- Complaint u/s 138 of the Act was compromised and the complaint stood dismissed as withdrawn – Held, continuation of proceedings u/s 174-A IPC shall be an abuse of process of law -- Petition allowed and FIR u/s 174-A IPC along with all the subsequent proceedings arising therefrom quashed.

(Para 8, 9)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Cheque bounce case -- Compounding of offence – Consent of complainant – Requirement of -- Section 147 of NI Act coupled with inherent power of the High Court u/s 482 Cr.P.C., in the interest of justice, High Court is not precluded from compounding the case in absence of consent of complainant where complainant is duly compensated as Section 138 of the NI Act does not provide that it is mandatory for the Court to sentence for imprisonment in all eventualities but there is option to the Court to impose sentence of imprisonment or fine or both.

(Para 9)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Cheque bounce case -- Compounding of offence – No-consent case -- Petitioner is 52% handicapped and has deposited in the Court 10% over and above the amount of compensation – Held, complainant has been compensated adequately and therefore, substantive sentence of imprisonment is not necessary -- Accordingly complaint filed by the respondent compounded, impugned judgments/ orders set-aside and petitioner acquitted of the offence charged.

(Para 9-12)

Indian Penal Code, 1860 (45 of 1860), Section 308, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Compromise quashing of conviction u/s 308/ 34 IPC -- Complainant is husband of petitioner No.1 and father of petitioner Nos.2 and 3 -- Dispute between family members on account of mis-understanding amicably settled -- Judgment and order vide which petitioners have been convicted and sentenced to imprisonment set aside.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Sections 384, 323, 506, 34, 457, 458 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Extortion – Lurking house trespass or house breaking – Compromise quashing of FIR – Parties have entered into compromise voluntarily and without any undue influence – FIR and all subsequent proceedings emanating therefrom quashed qua petitioners.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheating with bank -- Sale of mortgaged property -- Compromise quashing of FIR -- Matter amicably resolved amongst the parties, as per the compromise policy, the entire amount has been paid by the petitioners to the bank and bank as of now has no claim qua them and has closed the account – Considering the reply by State and the fact that the entire amount has been paid back, it is a fit case for quashing of the FIR on the basis of compromise -- Petitions allowed and FIR and all subsequent proceedings quashed qua the petitioners.

(Para 1-5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Compromise/ Compounding after conviction -- Parties have settled the dispute and complainant had accepted the sum towards the full and final settlement of the cheque, on the satisfaction of the complainant -- Sentence awarded to the petitioner for offence u/s 138 of NI Act is liable to be set aside -- Petitioner directed to pay a cost of Rs.10,000/- -- Conviction and sentence of imprisonment set aside on the basis of compromise.

(Para 5, 6)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 – Conviction u/s 138 of N.I. Act -- Compounding at revisional stage – Waiver of 15% cost -- Petitioner is stated to be a Class IV employee and his whole family including his wife and children are completely dependent upon him and the poor status of the financial condition of the petitioner is apparent from the fact that the complainant agreed to accept Rs.3.70 lacs instead of the cheque amount of Rs.4 lacs, as the full and final settlement in the year 2022 -- In view of the said special circumstances, the petitioner exempted from depositing the costs amounting to 15%.

(Para 15)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Conviction u/s 138 of N.I. Act -- Compounding at revisional stage – Setting aside of conviction – It is settled law that High Court has the power to set aside the judgement of conviction against the petitioner on the basis of a valid compromise -- Compromise is genuine and valid -- Judgment of conviction and sentence set aside and the petitioner acquitted of the charges framed against him.

(Para 16-17)

Indian Penal Code, 1860 (45 of 1860), Section 307, 323 – Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Attempt to murder – Compromise after conviction – Parties have decided to bury their inter-se dispute and further decided to live in peace, appeal partly allowed -- Sentence modified and reduced to the period already undergone by the appellants.

(Para 1,7)

Indian Penal Code, 1860 (45 of 1860), Sections 356, 379, 411, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR -- Compromise effected between the parties is genuine, voluntary, without any undue influence or pressure – FIR and all subsequent proceedings arising therefrom quashed, qua the petitioners only.

(Para 2, 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 174-A (Section 420, 406, 506, 120-B) – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Cheque bounce case – Cheating -- Quashing of FIR u/s 174-A of IPC -- Since the matter has been settled between the parties and the petitioners have been acquitted in the proceedings u/s 138 of the N.I. Act and also in FIR u/s 420, 406, 506, 120-B IPC, no fruitful purpose would be served in continuing the proceedings under Section 174-A of IPC -- Petition allowed and the FIR u/s 174-A of IPC and all subsequent proceedings arising therefrom quashed.

(Para 10,11)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 34, 376, 377, 406, 498-A, 506, 511 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Section 376 IPC/ Rape – Section 377 IPC/ Unnatural offence – Compromise quashing of FIR  -- Court is conscious of the fact that Sections 376/ 377 I.P.C. are heinous offences and non-compoundable -- But in the peculiar facts and circumstances and in the larger interest of both the parties and to secure the ends of justice, Court deemed it appropriate to use its discretion u/s 482 Cr.P.C in favour of the parties – FIR and all the subsequent proceedings arising therefrom quashed.

(Para 10, 11)

Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Proclaimed person –Quashing of FIR u/s 174-A IPC – Offence u/s 406/420 of IPC compounded by ld. JMIC – No fruitful purpose would be served in continuing the proceedings under Section 174-A of IPC -- Petition allowed and FIR under Section 174-A of IPC and all subsequent proceedings arising therefrom quashed and also the orders whereby petitioner has been declared as a proclaimed person also set aside.

(Para 10, 11)