SUPREME COURT OF INDIA

 

Raja Ram Kashyap

 

Vs.

 

State of U.P.

 

Crl.A.No.864 of 2009

 

(Dr. Arijit Pasayat and Asok Kumar Ganguly JJ.)

 

24.04.2009

 

JUDGMENT

 

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 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.