parte decree. The
appellants/defendants had pointed out that there was a
compromise effected on 10.12.1983, which was an out-of-
Court settlement, wherein ... issues and had come to the finding that there indeed
was a compromise effected in between the parties, in
which there was an understanding arrived
Ratia District Fatehabad and
subsequent proceedings arising therefrom on the basis of compromise
entered into between the parties.
The FIR in question was got registered ... petitioners on the allegations of beatings. However, the matter
has been compromised. Compromise deed (Annexure P-2) has been placed
on record. An Affidavit
refer those sections which are as under:
31
"391. Power to compromise or make arrangements with
creditors and members
(1) Where a compromise ... made under section 643 , by proxy, at the meeting,
agree to any compromise or arrangement, the compromise or
arrangement shall, if sanctioned by the Tribunal
limitation as the same was filed
after 18 years of the alleged compromise between the parties.
For the purpose of deciding this question on limitation ... second appeal, the appellants and the
respondents compromised their dispute and such compromise
was reduced into writing on 26th of October, 1972. According to
this
while the same were pending
consideration, the parties put in a written compromise on
16th June, 1979 which, inter alia, provided that the decree
holder ... Executing Court
recorded the statement of the parties in support of the
compromise and adjourned the matter for passing final
orders. But before any such
Section 309 IPC, Police Station Sector 26, Chandigarh, on the basis
of compromise (Annexure P2).
2. The Counsel for the petitioner, has submitted, that ... parties have arrived at a compromise, which is Annexure P2. He has
further submitted that, as per the compromise, now there remains, no
Criminal Misc
therefore, respondent no. 9 forced and
coerced them to enter into a compromise with respondent nos.
7 and 8, which was strongly objected ... also the consent decree on the
ground that the terms of the compromise arrived at were
iniquitous.
15. It was further submitted that since fraud
parties signed Joint
Memo of Compromise dated 23.6.2004 whereby the appellant agreed to accept
an amount of Rs.153.50 lakhs towards full and final ... decreed. This is evinced from paragraph 4 of the Joint Memo of
Compromise which reads as under:
"In the event of Non-compliance
deed of
settlement dated 19.12.2003 and the terms of the Compromise entered
into by the parties ... terms and
conditions of the said deed of settlement or the compromise entered
into by the parties and that whatever amount received by the appellant
Gill, Senior Advocate assisted by
Mr.Vivek Goel, and Mr.Manuj Nagrath, compromise was affected and
parties, in order to promote everlasting peace, amity ... were to be heard for quantum of sentence, at that stage
the compromise was placed on record. The Court examined complainant
Umar Mohd
