Supreme Court Allows Compounding of Offences in Criminal Appeal Due to Settlement Between Parties. Court Recognizes the Compounding of Offences Under Sections 406 and 420 IPC as Permissible When Parties Settle Disputes.

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Case Note & Summary

The Supreme Court of India addressed a criminal appeal concerning the compounding of offences under Sections 406 and 420 of the Indian Penal Code, 1860. The appellants, Raja Ram Kashyap and others, sought to compound the offences as the parties had settled their dispute. The court noted that the offences in question are compoundable under the provisions of the Code of Criminal Procedure, 1973, specifically Section 320. The court emphasized that the offences could be compounded by the persons specified, provided the necessary application is filed. The court directed that the interim order would remain in effect for three months to allow the parties to take the necessary steps for compounding. The appeal was disposed of accordingly.

Headnote

A) Criminal Law - Compounding of Offences - Permissibility of Compounding - Indian Penal Code, 1860, Sections 406, 420; Code of Criminal Procedure, 1973, Section 320 - The parties settled their dispute and sought to compound the offences under Sections 406 and 420 IPC. The court held that if the necessary application for compounding is filed, the concerned court will deal with the matter appropriately, allowing for the continuation of interim orders for three months (Paras Not mentioned).

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Issue of Consideration

Whether the court should permit the compounding of offences under Sections 406 and 420 of the Indian Penal Code, 1860.

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Final Decision

The Supreme Court disposed of the appeal, allowing for the compounding of offences under Sections 406 and 420 IPC, contingent upon the filing of the necessary application.

Law Points

  • Compounding of offences
  • Sections 406 and 420 IPC
  • Section 320 Code of Criminal Procedure
  • 1973
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Case Details

2009 LawText (SC) (04) 100

Criminal Appeal No. 864 of 2009

2009-04-24

Dr. ARIJIT PASAYAT, ASOK KUMAR GANGULY

RAJA RAM KASHYAP & ORS.

STATE OF U.P. & ANR.

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Nature of Litigation

Criminal appeal concerning the compounding of offences.

Remedy Sought

Appellants sought permission to compound offences.

Filing Reason

Parties settled their dispute.

Issues

Permissibility of compounding offences under IPC Settlement of disputes between parties

Submissions/Arguments

Appellants argued for permission to compound offences. Respondents' position not mentioned.

Ratio Decidendi

The court recognized the right of parties to compound offences under specified sections of the IPC when a settlement is reached, as per the provisions of the Code of Criminal Procedure.

Judgment Excerpts

The only question raised is that since the parties have settled their dispute and want to compound the offence. If the parties file necessary application for compounding in terms of the Section 320 of the Code, the concerned court will deal with the matter appropriately.

Procedural History

The appeal arose from SLP(Crl.) No. 3447 of 2008.

Acts & Sections

  • Indian Penal Code, 1860: 406, 420
  • Code of Criminal Procedure, 1973: 320
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