Settlement or living together as husband and wife cannot quash POCSO case of minor forced to marry man 20 years older: Delhi HC
The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.
compromise
When Justice Demands Closure, Criminal Proceedings Need Not Continue; Allahabad HC Quashes POCSO FIR
The Allahabad High Court quashed FIR under the POCSO Act, holding that continuation of the criminal proceedings would serve no fruitful purpose in the peculiar facts of the case.
“Possibility of conviction remote and bleak”: Jharkhand HC quashes BNS and Arms Act FIR on settlement in private money dispute
“The criminal proceeding would put the petitioners to great oppression and prejudice and extreme injustice by not quashing the criminal proceeding despite full and complete settlement and compromise with the victim.”
Employment Does Not Automatically Disqualify Wife from Receiving Alimony: Jharkhand HC Upheld the Decree by Family Court
“A wife’s income or employment does not automatically disqualify her from receiving alimony, it is not an absolute rule. Courts determine maintenance based on the wife’s actual need compared to the lifestyle she enjoyed in her matrimonial home.”
“Lawlessness around campus cannot be tolerated”: Orissa High Court directs enhanced security, 24×7 police presence at NLU Odisha
“Institutions of higher learning must remain spaces of safety, dignity, and intellectual freedom, and any trend of lawlessness, vigilantism, or disorder in and around the campus environment not only jeopardises students’ welfare but also undermines the institutional ethos.”
Madras High Court permits film ‘Akhanda 2’ release after parties agreed to settle Film distribution dispute
In light of the settlement agreement and receipt of ₹5 Crores, the Court vacated the he interim order of injunction and permitted the release the movie ‘Akhanda 2’.
Compromise cannot wipe out criminal liability in cheating affecting public trust: Punjab and Haryana High Court denies anticipatory bail
“The offence alleged in the FIR, which pertains to deceitfully obtaining money from innocent individuals under the pretext of securing government jobs cannot be viewed as merely private dispute between the accused and duped victims.”
Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute: MP High Court
The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.
‘Parens Patriae obligates Court to ensure justice not reduced to mere private settlement’; P&H HC refuses to quash abetment to suicide case on basis of compromise
“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”
[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.
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.
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.”
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.’
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.
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.”
[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.”
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.
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
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
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