Raja Ram Kashyap & Ors. Vs. State of U.P. & Anr.
EmailAppeal: Criminal Appeal No. 864 of 2009
[Arising out of SLP (Crl.) No. 3447 of 2008]
[From the Judgement and Order dated 18.03.2008 of the Hon’ble High Court of Judicature at Allahabad in Crl. Misc. Application No. 4714/2008]
[Arising out of SLP (Crl.) No. 3447 of 2008]
[From the Judgement and Order dated 18.03.2008 of the Hon’ble High Court of Judicature at Allahabad in Crl. Misc. Application No. 4714/2008]
Petitioner: Raja Ram Kashyap & Ors.
Respondent: State of U.P. & Anr.
Apeal: Criminal Appeal No. 864 of 2009
[Arising out of SLP (Crl.) No. 3447 of 2008]
[From the Judgement and Order dated 18.03.2008 of the Hon’ble High Court of Judicature at Allahabad in Crl. Misc. Application No. 4714/2008]
[Arising out of SLP (Crl.) No. 3447 of 2008]
[From the Judgement and Order dated 18.03.2008 of the Hon’ble High Court of Judicature at Allahabad in Crl. Misc. Application No. 4714/2008]
Judges: Dr. Arijit Pasayat & Asok Kumar Ganguly, JJ.
Date of Judgment: Apr 24, 2009
Appearances:
Appearances
Mr. Dinesh Kumar Garg, Advocate for the Appellant.
Mr. Ratnakar Dash, Senior Advocate, Mr. S. Akbar Abbas Abdi, Mr. Anuvrat Sharma, Mr. R.C. Kaushik, Advocates with him for the Respondent.
Mr. Dinesh Kumar Garg, Advocate for the Appellant.
Mr. Ratnakar Dash, Senior Advocate, Mr. S. Akbar Abbas Abdi, Mr. Anuvrat Sharma, Mr. R.C. Kaushik, Advocates with him for the Respondent.
Head Note:
CRIMINAL LAWS
Penal Code, 1860
Sections 406, 420 – Criminal Procedure Code, 1973, Section 320(2) – Compounding of offence. Held offence under Sections 406 and 420 are compoundable. If parties file application the court will deal with the matter appropriately.
Penal Code, 1860
Sections 406, 420 – Criminal Procedure Code, 1973, Section 320(2) – Compounding of offence. Held offence under Sections 406 and 420 are compoundable. If parties file application the court will deal with the matter appropriately.
JUDGEMENT:
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. The only question raised is that since the parties have settled their dispute and want to compound the offence i.e. Sections 406 and 420 of the Indian Penal Code, 1860 (in short the ‘Act’), the court should have permit it to be in terms of sub-section (2) of Section 320 of the Code of Criminal Procedure, 1973 (in short ‘Code’). The offences indicated in the table are compoundable and it is indicated as to who is the person by whom the offence may be compounded.
3. Sub-section 320 of the Code so far as relevant reads as follows:
3.1. The offence punishable under the sections of the Indian Penal Code (45 of 1860) specified with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned.
Offence Section Person by whom
offence may be
compounded
Criminal breach of trust, where 406 The person to whom
the value of the property hurt is caused
does not exceed {Two hundred rupees)
Cheating and dishonestly inducing delivery The owner of
of property or the making, alteration or 420 the property.
destruction of a valuable security.
4. If the parties file necessary application for compounding in terms of the Section 320 of the Code, the concerned court will deal with the matter appropriately. The interim order passed by this court shall continue for a period of three months so that necessary steps can be taken.
5. The appeal is disposed of accordingly.
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1. Leave granted.
2. The only question raised is that since the parties have settled their dispute and want to compound the offence i.e. Sections 406 and 420 of the Indian Penal Code, 1860 (in short the ‘Act’), the court should have permit it to be in terms of sub-section (2) of Section 320 of the Code of Criminal Procedure, 1973 (in short ‘Code’). The offences indicated in the table are compoundable and it is indicated as to who is the person by whom the offence may be compounded.
3. Sub-section 320 of the Code so far as relevant reads as follows:
3.1. The offence punishable under the sections of the Indian Penal Code (45 of 1860) specified with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned.
Offence Section Person by whom
offence may be
compounded
Criminal breach of trust, where 406 The person to whom
the value of the property hurt is caused
does not exceed {Two hundred rupees)
Cheating and dishonestly inducing delivery The owner of
of property or the making, alteration or 420 the property.
destruction of a valuable security.
4. If the parties file necessary application for compounding in terms of the Section 320 of the Code, the concerned court will deal with the matter appropriately. The interim order passed by this court shall continue for a period of three months so that necessary steps can be taken.
5. The appeal is disposed of accordingly.
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