Supreme Court of India

RAJA RAM KASHYAP & ORS.versusSTATE OF U.P. & ANR.

Citation: 2009 INSC 603
Decided: 24 April 2009
Disposal: Disposed off
Bench: ARIJIT PASAYAT

Holding

Sections 406 and 420 IPC are compoundable under Section 320(2) of the CrPC, and the court may allow the parties to compound the offences upon application.

Summary

The appellants and respondents settled their dispute and sought to compound the offences alleged against them under Sections 406 and 420 of the Indian Penal Code. The question before the Supreme Court was whether these offences are compoundable under Section 320(2) of the Code of Criminal Procedure, 1973, and whether the court could permit such compounding. The Court examined the language of Section 320(2), which lists specific compoundable offences and identifies the persons who may compound them. It found that both Section 406 (criminal breach of trust) and Section 420 (cheating) are expressly mentioned as compoundable, with the victim or owner of the property being the authorized compounding party. Consequently, the Court held that the parties may file an application under Section 320, and the concerned court may allow the compounding. The appeal was disposed of in favour of the appellants, permitting the compounding of the offences.

Issues considered

Whether offences under Sections 406 and 420 IPC are compoundable under Section 320(2) of the CrPC.
Whether the court may permit compounding of such offences after the parties have settled their dispute.

Legislation cited

Code of Criminal Procedure, 1973s. 320(2)
Indian Penal Code, 1860s. 406, s. 420

Subjects

compounding of offencesSection 320 CrPCIPC 406IPC 420settlement of disputescriminal procedure

Judgment

                          [2009] 7 S.C.R. 84


A                  RAJA RAM KASHYAP & ORS.
                                  v.
                     STATE OF U.P. & ANR.
                 Criminal Appeal No. 864 of 2009

                          APRIL 24, 2009
B
           [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
D liberty to file application u/s 320 and the concerned court would
  deal with the matter.
         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
                    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
"      ':'                                                                       D
             Criminal breach of trust,    406            The person to whom
             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.

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