Raja Ram Kashyap & Ors. v. State of U.P. & Anr.

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 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: 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, c 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 D where the value of the hurt is caused property does not exceed {Two hundred rupees) Cheating and dishonestly 420 The owner of the E inducing delivery of property. property or the making, alteration or destruction of a valuable security 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.