Application u/s.482

RADHA PYARI SRIPADA (Querist) 01 September 2009 This query is : Resolved
Whether an application u/s.482, Cr.P.C can be filed when compromise is reached and matter settled in consumer court, if the charges in criminal court are filed u/s.304-A just as quashing of proceedings u/s.498-A if the dispute in family court is compromised?
Anxiously waiting for your immediate responses.
thank u one and all in advance.
RP Sripada

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Adinath@Avinash Patil (Expert) 01 September 2009
yes, Please go through the case law cited in 2006[3]CRJ page 68.Sandeep sarkar &others v/s state of Orisa.It will solve your query.

Kiran Kumar (Expert) 01 September 2009
yes it can be filed....but in such cases the facts and circumstances will become highly relevant...like in BMW car hit case of Delhi...courts may not entertain such type of petitions.

if the offence is against the society at large then the courts may not entertain quashing petition on the basis of compromise.

the latest judgment by Hon'ble S.C in this context is

Puutaswamy v/s State of Karnatka and another

Criminal Appeal No. 2015 of 2008, decided on 11.12.2008

read this judgment on

www.supremecourtofindia.nic.in

its a relevant judgment where the compensation part has been dealt with.

if the ratio of the judgment is to be accepted then this petition should be maintainable in medical negligence cases as well.

Message likes : 2 times

Bhumik Dave (Expert) 01 September 2009
Agreed with kiranji

Sarvesh Kumar Sharma Advocate (Expert) 02 September 2009
perfect case for filling d same.
agree with above experts's opiniun.

Swami Sadashiva Brahmendra Sar (Expert) 02 September 2009
My article "Compromise in non compoundable cases" published on 27/08/2009 on LCI can be helpful for you.Kindly see,
http://www.lawyersclubindia.com/articles/article_list_detail.asp?article_id=1540

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