petitioner/defendant No.5 and respondent No.1/plaintiff seeking compromise
under Order 23 Rule 3 of C.P.C . on the ground that ... Rule 3 of the C.P.C .
not only permits a partial compromise and adjustment of the suit by the lawful
agreement, but further gives
subject-matter of the suit,
the Court shall order such agreement, compromise or
satisfaction to be recorded, and shall pass a decree in
accordance therewith ... Order 23, Rule 3, CPC , not only permits a partial
compromise and adjustment of a suit by a lawful
agreement, but further gives a mandate
basis of compromise (Annexure P-2).
Learned counsel for the petitioner has submitted that in
the present case, compromise has been effected between the
petitioner ... compromise has not been effected but
has submitted that even partial compromise is permissible and
has relied upon the judgment
compromise has been entered into with the two
accused who have filed the present petition and, hence, the compromise is a
partial compromise.
Learned counsel ... contend that where there is a partial compromise with some of
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contend that even on the basis of partial compromise with some
of the accused, proceedings against the said accused could be
quashed.
The trial Court ... submit that in such a situation, even partial compromise is
permissible.
Learned counsel for the petitioner has submitted that there is
no other FIR against
Accused Ashok Kataria is proclaimed offender in the
above said FIR.
3. Compromise effected between the parties is genuine,
voluntary and without any coercion ... contend that
where there is a partial compromise with some of the accused then also the
proceedings against the said accused should be quashed
subject property
devolves by virtue of compromise would only stand in the
shoes of parties to the compromise and that who are not
signatories ... remotely; that
being the position, the impugned order refusing to record
partial compromise in terms of parties & property is
unsustainable.
6
(b) This court
place
to mention here that there was already a partial compromise that was
granted by this Court by order dated 07.01.2019. It was between
fixed for
hearing. Now, it is on the basis of a compromise which has been entered
into by the complainant with one of the accused ... complainant also, who has entered into this exercise of partial
compromise with one of the accused in the FIR concerned. It speaks
volume about
place
to mention here that there was already a partial compromise that was
granted by this Court by order dated 07.01.2019. It was between
