RAJA RAM KASHYAP & Ors. v. STATE OF U.P & Anr.
Case at a glance
Outcome
Disposed of
The appeal is disposed of accordingly
Provisions considered
- Code of Criminal Procedure, 1973 s. 320
- Indian Penal Code, 1860 ss. 406, 420
Judgment
Judgment
A B [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 - C 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. D CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 864 of 2009 E 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. F 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. G 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 H 84 .. j. ':' ... J " 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 sub- A 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 B follows: 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, c be compounded by the persons mentioned. Offence Section Criminal breach of trust, where the value of the property does not exceed {Two hundred rupees) 406 Cheating and dishonestly 420 inducing delivery of property or the making, alteration or destruction of a valuable security Person by whom offencee may be comgounded The person to whom hurt is caused The owner of the property. D E If the parties file necessary application for compounding F 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.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is disposed of accordingly
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 320; Indian Penal Code, 1860 — ss. 406, 420.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.