Bombay High Court

DR.RAJESH PANDURANG PALANDEversusTHE STATE OF MAHARASHTRA and ANR.

Decided: 22 September 2026
Disposal: Allowed

Holding

The court held that the offence under Section 417 IPC may be compounded with the victim's consent, and therefore set aside the conviction and acquitted the appellant.

Summary

The appellant, Dr. Rajesh P. Palande, appealed against his conviction under Section 417 of the Indian Penal Code for cheating, imposed by the Additional Sessions Judge, Thane, which also ordered him to pay Rs.1,00,000 compensation to the victim (respondent No.2). The appellant and the victim filed an interim application under Section 320 of the Criminal Procedure Code seeking to compound the offence, acknowledging that the compensation had already been paid. The victim submitted a consent affidavit supporting the compounding of the offence. The High Court, after considering the facts, allowed the compounding and set aside the conviction under Section 417, thereby acquitting the appellant of that charge. Consequently, the appeal and the interim application were disposed of, with the appellant cleared of the cheating offence.

Issues considered

Whether an offence punishable under Section 417 IPC can be compounded with the victim's consent under Section 320 CrPC.
Whether the conviction under Section 417 IPC should stand in view of the victim's consent and payment of compensation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 320
Indian Penal Code — s. 376(d), 417

Subjects

compounding of offence
Section 417 IPC
Section 320 CrPC
criminal appeal
acquittal
victim consent
compensation

Judgment

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO.527 OF 2002

Dr. Rajesh P. Palande                                  …Appellant
      V/s.
The State of Maharashtra & Anr.                        ...Respondents.

                                  WITH
                   INTERIM APPLICATION NO.3370 OF 2026

                            …………..
Ms Aruna Pai for The Appellant/Applicant.
Mr. Mayur Sonavane, APP for the Respondent/State.
Adv. Grishma Karane for Respondent No.2.
                            …………..

                               CORAM         :   N.R. BORKAR, J.
                               DATE          :   22.09.2026.

P.C. :

1.       This appeal is filed against the judgment and order dated
30.04.2002 passed by the Additional Sessions Judge, Thane in
Sessions Case No. 519 of 2001.

2.       In the aforesaid sessions case, the appellant was tried for the
offence punishable under Section 376(d) and 417 of the Indian
Penal Code (for short ‘IPC’)

3.       By the impugned judgment and order, the learned Additional
Sessions Judge has convicted the appellant for the offence
punishable under Section 417 of the IPC and sentenced him to
suffer R.I. for one year and directed the appellant to pay
compensation of Rs.1,00,000/- to the respondent No.2/victim. The


Dinesh S. Sherla                       1/3
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trial Court has however, acquitted the appellant for the offence
punishable under Section 376(d) of the IPC.


4.       By the Interim Application under Section 320 of the Code of
Criminal Procedure, 1973 (Cr.P.C.) leave of this Court is sought by
the appellant and respondent No.2/victim to compound the
offence.


5.       Learned counsel for the appellant submits that in terms of
the impugned judgment and order, the appellant has paid the
amount of Rs.1,00,000/- to the respondent No.2/victim towards
compensation. It is submitted that in view of the amicable
settlement, she is allowed to retain the said amount. The learned
counsel for respondent No.2 does not dispute the said fact.


6.       Respondent       No.2   has   filed   a   Consent        Affidavit        for
compounding of offence, which is annexed as Exhibit-A to the
Interim Application. Respondent No.2, who is present in the Court,
confirms the contents of Consent Affidavit.


7.       Considering overall facts and circumstances, the appellant
and respondent No.2/victim are permitted to compound the
offence. In the result, the following order is passed.


                                  ORDER


       a]          The impugned judgment and order dated 30.04.2002


Dinesh S. Sherla                         2/3
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       passed by the Additional Sessions Judge, Thane in Sessions
       Case No. 519 of 2001 to the extent of convicting the appellant
       for the offence punishable under Section 417 of the IPC is
       hereby set aside and the appellant is acquitted of the said
       offence.


8.       The Appeal and Interim Application are disposed of in the
aforesaid terms.



                                             [N.R.BORKAR, J.]




Dinesh S. Sherla                     3/3

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