Supreme Court Allows Appellant in Criminal Appeal Due to Compromise Between Parties. Compromise Led to Acquittal of Appellant as Respondent Expressed No Objection.

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Case Note & Summary

The case involved a criminal appeal filed by Ganesh S. Hegde against V.G. Videshwar. The parties submitted a joint application indicating that they had compromised the matter, leading to the request for the sum of Rs. 45,000/- deposited in the Court of Judicial Magistrate, First Class, Kumta, to be released to the complainant-respondent. The counsel for the respondent confirmed no objection to the compromise terms. The Supreme Court, upon reviewing the application, allowed the appeal in accordance with the compromise and directed the acquittal of the appellant. The judgment was delivered on November 9, 2009, reflecting the court's acceptance of the compromise as a valid basis for acquittal.

Headnote

A) Criminal Law - Compromise in Criminal Cases - Allowance of Appeal Based on Compromise - Code of Criminal Procedure, 1973, Section Not mentioned - The parties reached a compromise, and the respondent had no objection to the terms. The court allowed the appeal and directed the acquittal of the appellant based on the compromise reached (Paras Not mentioned).

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Issue of Consideration

Whether the appeal should be allowed based on the compromise between the parties.

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Final Decision

The Supreme Court allowed the appeal and directed the acquittal of the appellant based on the compromise reached between the parties.

Law Points

  • Compromise in criminal matters
  • Acquittal based on compromise
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Case Details

2009 LawText (SC) (11) 92

Criminal Appeal No. 2092 of 2009

2009-11-09

Harjit Singh Bedi, J., J.M. Panchal, J.

Ganesh S. Hegde

V.G. Videshwar

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Nature of Litigation

Criminal appeal arising from a compromise between parties.

Remedy Sought

Appellant sought acquittal based on the compromise.

Filing Reason

Parties reached a compromise regarding the matter.

Issues

Validity of compromise in criminal proceedings Effect of compromise on acquittal

Submissions/Arguments

Parties have compromised the matter Respondent has no objection to the compromise

Ratio Decidendi

The court recognized the validity of a compromise in criminal matters as a basis for acquittal.

Judgment Excerpts

Leave granted. We, accordingly, allow the appeal in terms of the compromise and direct the acquittal of the appellant.

Procedural History

The appeal arose from SLP(CRL.) No. 7011 of 2009.

Acts & Sections

  • Code of Criminal Procedure, 1973:
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