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Friday, August 1, 2014

Sec. 420 - compoundable - Apex court held that Offence under Section 420 of the IPC is compoundable with the permission of the court by the person who is cheated. Since the parties are related to each other and they have decided to accord a quietus to their disputes and live peacefully, we permit them to compound the offence. Hence, the offence under Section 420 of the IPC for which the appellant was convicted is compounded because it is compoundable with the permission of the court. The appellant is acquitted of the said charge.=CRIMINAL APPEAL NO.1165 OF 2014 Deva Ram … Appellant Vs. The State of Rajasthan & Anr. … Respondents = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41783

 Sec. 420 - compoundable -Apex court held that Offence under Section 420 of the IPC  is compoundable with the permission of the court by the person who is  cheated.  Since the parties are related to  each  other  and  they  have  decided  to accord a quietus to their disputes and live peacefully, we  permit  them  to compound the offence.  Hence, the offence under Section 420 of the  IPC  for which the appellant was convicted is compounded because it  is  compoundable with the permission of the court.  The appellant is acquitted  of  the  said charge.=

 An application has been filed in this Court by the  appellant  praying
that in view of the settlement, offence may be permitted to  be  compounded.
It is stated that the original  complainant  and  the  appellant  are  close
relatives.
It  is  stated  that  the  original  complainant   expired   on
30/05/1994.  
Thereafter,  the  son  of  the  complainant  is  not  keen  on
prosecuting the proceedings.
The appellant is a senior citizen who  suffers from various ailments.
 It is further stated that  due  to  intervention  of
the elders of the village, dispute between the  parties  is  resolved.  
The
appellant has agreed to pay settlement amount to Arjun Ram.
It  is  further
stated in the application that the  appellant  has  paid  the  fine  amount.
Affidavit has also been filed by Jagdish Prasad, Power  of  Attorney  holder
of the appellant   confirming that the matter is  settled.
 Arjun  Ram  has
also  filed  affidavit  confirming  that  the  matter  is  settled  and  the
appellant has paid the agreed  amount  to  him.  
 Arjun  Ram,  respondent  2
herein  has  filed  another  affidavit  dated  17/7/2014  stating  that  his
brothers viz. (1) Hanuman Ram, (2) Hajari  Ram,  (3)  Narayan  Ram  and  (4)
Ghirdhari Ram have issued Power of Attorney dated 12/06/2014 in  his  favour
thereby nominating, constituting and appointing  him  for  taking  steps  in
connection with the present appeal.
 Paragraph  2  of  the  said  affidavit
reads thus:

“2.   It is submitted that my brothers namely: (1) Hanuman Ram,  (2)  Hajari
Ram, (3) Narayan Ram, (4) Ghirdhari Ram, all sons and legal  heirs  of  Late
Shri Hardeva Ram (the original complainant) have issued a power of  attorney
dated 12.06.2014, thereby nominating, constituting and appointing  me  i.e.,
Arjun Ram s/o. Late Hardeva Ram for doing or executing all  or  any  of  the
acts or things in connection with  the  Criminal  Appeal  No.1165  of  2014,
which is annexed herewith and marked as ANNEXURE-A1 at pages 90 to 91”.



We must note that copy of Deed of Compromise dated 25/2/2014 is  also  filed
in the court.  Learned counsel for  the  parties  have  confirmed  that  the
matter is settled.

5.    We are informed that out of two years imprisonment the  appellant  has
undergone six months imprisonment.  Offence under Section 420 of the IPC  is
compoundable with the permission of the court by the person who is  cheated.
 Since the parties are related to  each  other  and  they  have  decided  to
accord a quietus to their disputes and live peacefully, we  permit  them  to
compound the offence.  Hence, the offence under Section 420 of the  IPC  for
which the appellant was convicted is compounded because it  is  compoundable
with the permission of the court.  The appellant is acquitted  of  the  said
charge.

6.    The appellant is on bail.  His bail bond stands discharged. Appeal  is
disposed of.

2014 July. Part – http://judis.nic.in/supremecourt/filename=41783

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA

                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO.1165 OF 2014


 Deva Ram                               …    Appellant

Vs.

 The State of Rajasthan & Anr.               …     Respondents



                               J U D G M E N T


(SMT.) RANJANA PRAKASH DESAI, J.

1.    The appellant was tried  by  the  Judicial  Magistrate,  First  Class,
Didwana for offence punishable under Section 420  of  the  IPC  in  Criminal
Case No. 41/89.

2.     Deceased  Hardeva  Ram  filed  complaint  against  the  appellant  on
9/8/1988 stating that since the appellant used to send  persons  abroad  for
employment, he also arranged passport for his son Arjun Ram.  The  appellant
told him that if he wants to send his son abroad, he will have  to  pay  him
Rs.15,000/- and hand over his passport to him.   The  complainant  gave  him
Rs.8,300/- but the appellant did not send his son abroad.   The  complainant
asked for his money but the appellant refused to  return  the  same.   After
investigation charge sheet was filed under Sections 406 and 420 of the  IPC.
 The learned Magistrate framed charge under Section 420  of  the  IPC.   The
appellant denied the charge.  Upon conclusion  of  the  trial,  the  learned
Magistrate by his order  dated  13/07/1992  convicted  the  appellant  under
Section 420 of the IPC and sentenced him to suffer simple imprisonment   for
2 years and to pay a fine of  Rs.1,000/-,  in  default,  to  undergo  simple
imprisonment for two months.  Appeal filed by the  appellant  was  dismissed
by the  Sessions  Court  on  12/9/1996.   The  appellant  filed  a  criminal
revision application in the Rajasthan High  Court  which  was  dismissed  on
23/1/2014.  Being aggrieved by the said order the present appeal is filed.

3.    It appears that original complainant expired  on  30/05/1994.   During
the pendency of the present appeal, Arjun Ram,  the  heir  of  the  original
complainant and the appellant have entered into  a  compromise.  Application
for impleadment was filed by Arjun Ram in which it is confirmed that he  and
the appellant  have  compromised  the  matter.   The  said  application  was
granted by this Court.  This Court was informed that the appellant  and  the
heir of the complainant i.e. the newly  added  respondent  had  settled  all
their disputes and an amount of Rs.8,000/- has  already  been  paid  to  the
newly added respondent.  A  statement  was  made  by  the  counsel  for  the
appellant that further amount of Rs.12,000/-  will  be  paid  to  the  newly
added respondent within a period of two weeks.  This statement was  recorded
and the matter was adjourned.

4.    An application has been filed in this Court by the  appellant  praying
that in view of the settlement, offence may be permitted to  be  compounded.
It is stated that the original  complainant  and  the  appellant  are  close
relatives.   It  is  stated  that  the  original  complainant   expired   on
30/05/1994.   Thereafter,  the  son  of  the  complainant  is  not  keen  on
prosecuting the proceedings.  The appellant is a senior citizen who  suffers
from various ailments.  It is further stated that  due  to  intervention  of
the elders of the village, dispute between the  parties  is  resolved.   The
appellant has agreed to pay settlement amount to Arjun Ram.  It  is  further
stated in the application that the  appellant  has  paid  the  fine  amount.
Affidavit has also been filed by Jagdish Prasad, Power  of  Attorney  holder
of the appellant   confirming that the matter is  settled.   Arjun  Ram  has
also  filed  affidavit  confirming  that  the  matter  is  settled  and  the
appellant has paid the agreed  amount  to  him.   Arjun  Ram,  respondent  2
herein  has  filed  another  affidavit  dated  17/7/2014  stating  that  his
brothers viz. (1) Hanuman Ram, (2) Hajari  Ram,  (3)  Narayan  Ram  and  (4)
Ghirdhari Ram have issued Power of Attorney dated 12/06/2014 in  his  favour
thereby nominating, constituting and appointing  him  for  taking  steps  in
connection with the present appeal.   Paragraph  2  of  the  said  affidavit
reads thus:

“2.   It is submitted that my brothers namely: (1) Hanuman Ram,  (2)  Hajari
Ram, (3) Narayan Ram, (4) Ghirdhari Ram, all sons and legal  heirs  of  Late
Shri Hardeva Ram (the original complainant) have issued a power of  attorney
dated 12.06.2014, thereby nominating, constituting and appointing  me  i.e.,
Arjun Ram s/o. Late Hardeva Ram for doing or executing all  or  any  of  the
acts or things in connection with  the  Criminal  Appeal  No.1165  of  2014,
which is annexed herewith and marked as ANNEXURE-A1 at pages 90 to 91”.



We must note that copy of Deed of Compromise dated 25/2/2014 is  also  filed
in the court.  Learned counsel for  the  parties  have  confirmed  that  the
matter is settled.

5.    We are informed that out of two years imprisonment the  appellant  has
undergone six months imprisonment.  Offence under Section 420 of the IPC  is
compoundable with the permission of the court by the person who is  cheated.
 Since the parties are related to  each  other  and  they  have  decided  to
accord a quietus to their disputes and live peacefully, we  permit  them  to
compound the offence.  Hence, the offence under Section 420 of the  IPC  for
which the appellant was convicted is compounded because it  is  compoundable
with the permission of the court.  The appellant is acquitted  of  the  said
charge.

6.    The appellant is on bail.  His bail bond stands discharged. Appeal  is
disposed of.

                                                              ………………………………J.
                                                     (Ranjana Prakash Desai)


                                                              ………………………………J.
                                                               (N.V. Ramana)
New Delhi;
July 23, 2014.




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