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Supreme Court of India 2019-02-15 allowed

Srinivasan Iyenger and Anr vs Bimla Devi Agarwal & Ors

Bench: 2 — M.R. Shah

In Brief

The Supreme Court allowed two criminal appeals arising from an insurance fraud case where accused persons were charged with cheating, forgery, and criminal conspiracy under IPC Sections 406, 468, and 120B. The accused had allegedly defrauded a complainant through false insurance policy schemes involving forged signatures and misrepresentation. The High Court had refused to quash the proceedings. However, upon the parties reaching an amicable settlement involving monetary compensation of Rs. 10 lakh, the Court held that Article 142 of the Constitution authorized it to permit compounding of non-compoundable offences where the dispute is predominantly civil in nature and between private parties. The proceedings were accordingly quashed upon payment of the settled amount."

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Criminal Law Criminal Procedure Constitutional Law Article 142 Compound Offences Non-Compoundable Offences Insurance Fraud Cheating and Forgery Criminal Conspiracy Settlement Alternative Dispute Resolution

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