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.
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.
-----------------------
6
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
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.
-----------------------
6
