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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

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