compromise have been recorded can be classified in two classes. One class of cases may 'be where petition for compromise of the suit partially ... disposed of after trial on merit. It is well settled that partial compromise can be recorded in certain circumstances only and not in each
ordinate Benches of this Court have allowed partial quashing of
FIR, on the basis of partial compromise, whereas, in some of
these judgments, the said ... legal precedent" governing the issue of partial
quashing of criminal proceedings, on the basis of partial
compromise, coupled with the fact that conflicting views
representative of the original Applicant?
2. Whether this Court can record partial compromise/settlement
entered into by the parties while exercising powers under Section ... stated that the
compromise was partial. The said Clause is extracted below:
8. In view of the partial compromise, the Arbitration proceedings
in ARB. APPL
compromise and thus, the present case is a case of
partial compromise.
Learned counsel for the petitioner has submitted that the
4 of 6
::: Downloaded ... said fact
is correct.
With respect to the aspect of partial compromise, learned
counsel for the petitioner has relied upon judgment passed
Order 23 rule 3 C.P.C . not only permits a partial
compromise and adjustment of a suit by a lawful agreement,
but further gives ... Rule 3, Code of Civil Procedure , not only permits
a partial compromise and adjustment of a suit by a lawful
agreement, but further gives
quashing the
criminal case despite full and complete settlement and
compromise with the victim. In other words, the High Court
must consider whether it would ... allowed partial quashing. Hon'ble the Madras
High Court has also amply clarified the legal position on partial
compromise in the case V. Sakthivel
State, the said appeal was disposed of in terms of the compromise entered by and between the parties, whereas according to the respondents-writ petitioners ... said appeal was disposed of after contest though there was a partial compromise between some of the parties.
11. A close reading of the decree
further submitted that
the trial court had accepted the compromise partially qua offence
under Section 406 IPC as the same was compoundable, but the
compromise
would be necessary to mention here what was the law applicable to compromise decrees under the Code before its amendment by Amending ... held that Order 23, Rule 3 not only permits a partial compromise and adjustment of a suit by a lawful agreement, but further gives
decree on the alleged compromise, which definitely prejudicially-affected the rights and contentions of the said defendants. A compromise decree has to be between ... such a request. In fact in some of the cases where partial compromise would be prejudicial to the interests of the parties not joining such
