Raja Ram Kashyap & Ors vs State Of U.P. & Anr

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 864 OF 2009 (Arising out of SLP(Crl.) No. 3447 of 2008)

RAJA RAM KASHYAP & ORS. ... Appellant(s)

Versus

STATE OF U.P. & ANR. ... Respondent(s)

J U DG M E N T

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 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.

Sub-section 320 of the Code so far as relevant reads as follows:

The offence punishable under the sections of the Indian Penal Code (45 of

1860) specified with the permission

-2- 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 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 The owner of delivery of property or the making, 420 the property.

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.

...................J. (Dr. ARIJIT PASAYAT)

....................J. ((ASOK KUMAR GANGULY)

New Delhi, April 24, 2009.