2009 INSC 0899
                                    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.

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

3. 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, 406  The person to whom hurt is caused
where the value of the
property does not exceed
{Two hundred rupees)

Cheating and dishonestly 420   The owner of the property.
inducing delivery of
property or the making,
alteration or destruction of
a valuable security

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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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