RAJA RAM KASHYAP & ORS. v. STATE OF U.P. & ANR

Citation: [2009] 7 S.C.R. 84

Court: Supreme Court of India

Bench: ARIJIT PASAYAT, A.K. GANGULY

Case summary

RAJA RAM KASHYAP & ORS. v. STATE OF U.P. & ANR.pdf

Judgment text

[2009] 7 S. C. R. 84 RAJA RAM KASHYAP & ORS. v. STATE OF U. P. & ANR. Criminal Appeal No. 864 of 2009 APRIL 24, 2009 [DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ. ] Code of Criminal Procedure, 1973 - s. 320 (2) - Compounding of offence punishable under Penal Code - Permissibility of - Settlement of disputes between parties and parties intending to compound offence u! ss. 406 and 420 /PC - Held: Under s. 320(2) offence specified could be compounded by victim with the permission of the court before which prosecution for such offence is pending - Parties given liberty to file application u/s 320 and the concerned court would deal with the matter. CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 864 of 2009 From the Judgement and Order dated 18. 03. 2008 of the Hon'ble High Court of Judicature at Ahmedabad in Criminal Misc. Application No. 4714 of 2008. Dinesh Kumar Garg, for the Appellant. Ratnakar Dash, S. Akbar Abbas, Abdi, Anuvrat Sharma, R. C.

Kaushik, with him for the Respondent. The Judgement of the Court was delivered by DR. ARIJIT PASAYAT, J. Leave granted. 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 RAJA RAM KASHYAP & ORS. V. STATE OF U. P. &ANR 85 [DR. ARIJIT PASAYAT, J. ) .. the 'Act'), the court should have permit it to be in terms of subsection (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. Sub-section 320 of the Code so far as relevant reads as follows: j. 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 ...

offencee may be J comgounded " ':' Criminal breach of trust, 406 The person to whom where the value of the hurt is caused property does not exceed {Two hundred rupees) Cheating and dishonestly 420 The owner of the inducing delivery of property. property or the making, alteration or destruction of a valuable security 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. The appeal is disposed of accordingly. . f N. J. Appeal disposed of.