same, the
complainants filed applications under Sections 431 read with Sec. 421
Cr.P.C on 17.08.2019, in which warrants of attachment for an amount ... complainant/respondents praying inter alia for issuance of warrants under
Section 431 / 421 Cr.P.C for attachment of shares and properties
petitioner under Section
431 Cr.P.C. read with Section 421 Cr.P.C. seeking enforcement of
mediation settlement dated 19.02.2019.
2. The parties executed ... procedure under Order XXIII of the C.P.C . This can never be
so in a mediation settlement arising out of a criminal case
2022 under Section
174A of the Indian Penal Code, 1860 („ IPC ‟) registered at PS Defence
Colony.
CRL.M.C. 2693/2023
Signature Not Verified Page ... expressly provided
for, shall be recoverable in terms of Section 421 Cr.P.C.
124. In the event that a criminal court passes order accepting
settlement, the Magistrate is empowered to invoke Section 431 read with
Section 421 Cr.P.C for recovery of the agreed amount as a fine ... recovered in terms of
Section 431 read with Section 421 of Cr.P.C. The challenge, therefore,
centres on whether the impugned orders declining enforcement
Signing
Date:20.12.2021
17:10:51
This file is CRL.M.C.2663/2021 & CRL.M.C.2730/2021 Page 5 of 57
digitally ... recovered as if it were a fine under section 421 of
the Code of Criminal Procedure, 1973.
6. The amount of fine imposed under section
namely, Pankaj Sharma (Crl.A. 255/2015), Manoj Kumar
& Rohit Kumar (Crl.A. 270/2015), Ashok Kumar Sharma, Deepak
Crl ... Kumar (Crl.A. 312/2015), Raj Kumar @ Raja (Crl.A. 329/2015) and
Kamal Raj Sharma (Crl.A. 418/2015) under Section 374(2)
namely, Pankaj Sharma (Crl.A. 255/2015), Manoj Kumar
& Rohit Kumar (Crl.A. 270/2015), Ashok Kumar Sharma, Deepak
Crl ... Kumar (Crl.A. 312/2015), Raj Kumar @ Raja (Crl.A. 329/2015) and
Kamal Raj Sharma (Crl.A. 418/2015) under Section 374(2)
namely, Pankaj Sharma (Crl.A. 255/2015), Manoj Kumar
& Rohit Kumar (Crl.A. 270/2015), Ashok Kumar Sharma, Deepak
Crl ... Kumar (Crl.A. 312/2015), Raj Kumar @ Raja (Crl.A. 329/2015) and
Kamal Raj Sharma (Crl.A. 418/2015) under Section 374(2)
Registry, I feel that the Court
Crl.MA. 6746/06 in W.P. (Crl.) No.299/01 Page 27 of 28
must impose costs ... will be placed before Registrar
(Criminal), who may effect recovery of the aforesaid
amount in terms of section 421 Cr.P.C.
V.K. SHALI
oral)
1. There are two Criminal Revision Petition under Section 397
read with 401 of the Code of Criminal Procedure against
judgment dated 11th March ... resorting to recovery
process as envisaged under Section 421 of the Code of
Criminal Procedure. With this modification of sentence, the
conviction of the petitioner
