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2023 (2) TMI 60

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..... br>KRISHNA MURARI And V. RAMASUBRAMANIAN , JJ. JUDGMENT KRISHNA MURARI, J. Leave Granted. 2. The present Appeals have been filed by the Appellants herein against the impugned order and judgment dated 17.04.2018 passed by the High Court Of Judicature at Hyderabad in Criminal Revision Case Nos. 1678/2014 and 1679/2014. 3. For the purpose of these Appeals, briefly, the facts of the present cas .....

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..... nt of the dispute still not being amicably resolved, it must be first referred to a sole Arbitrator. Clause 8 of the said Memorandum Of Understanding is as under:- "That any dispute under this document shall be resolved amicably. In the event the dispute is not resolved amicably, the matter shall be referred to the sole arbitration of Shri Jonnalagadda Srinivasa Rao S/o Venkaiah whose decision s .....

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..... has been stated in clause 8 of the Memorandum Of Understanding. 9. In such a circumstance, the Appellants cannot be convicted on the basis of the orders passed by the courts below, as the settlement is nothing but a compounding of the offence. 10. In the case of M/S Meters and Instruments Private Limited & Anr. Vs Kanchan Mehta 2018 (1) SCC 560 ,this court held that the nature of offence under .....

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..... specifically made it compoundable." 11. This is a very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation. When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will. 12. It must also be noted that the .....

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