The High Court dismissed a criminal revision petition and granted permission to compound the offence of cheating under IPC Sec. 420 under Cr.P.C. Sec. 320(6) based on a compromise between the parties and full payment of dues.
Permission to compound the offence under Section 320(6) Cr.P.C. granted; petitioners directed to be released.
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CRM No.17393 of 2015 in/and CRR No.674 of 2015 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM No.17393 of 2015 in/and CRR No.674 of 2015 (O&M) Date of decision: 03.06.2015
Vaneet Pal Singh and another
... Petitioners
Vs.
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Rajeev K. Kapila, Advocate for the petitioners.
Mr. Yatinder Singh, Addl.A.G.Punjab.
Mr. G.P.Singh Ahluwalia, Advocate for the respondent-complainant.
AMIT RAWAL J. (Oral)
CRM No.17393 of 2015
Prayer in the present application is for compounding the offence under Section 320(6) of the Cr.P.C on the premise that both the complainant and accused have compromised the matter vide Annexure R-2/1.
Notice of the application to the Advocate General, Punjab.
SAVITA DEVI KADIAN 2015.06.05 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM No.17393 of 2015 in/and CRR No.674 of 2015 (O&M)
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On asking of the Court, Mr. Yatinder Sharma, Additional Advocate General, Punjab, accepts notice on behalf of the respondents-State and Mr. G.P.Singh Ahluwalia, Advocate has put in appearance on behalf of the complainant-Jaswinder Singh, who has been identified by Mr. G.P.Singh Ahluwalia, Advocate.
On the basis of the registration of FIR No.173 dated 22.08.2007 under Sections 406 and 420 IPC, at P.S.Adampur, District Jalandhar, petitioners Vaneet Pal Singh son of Harbans Singh and Baljinder Kaur wife of Vaneet Pal Singh were convicted by the trial Court for the commission of an offence under Section 420 IPC for a period of three years and fine of ` 3000/- was imposed vide judgment dated 13.08.2012.
Against the aforementioned judgment, the applicantpetitioners are stated to have filed an appeal before the Appellate Court and the same was also dismissed vide judgment dated 27.01.2015.
The aforementioned revision petition against the conviction stands admitted by this Court vide order dated 18.05.2015 by passing the following order:-
“Learned counsel has placed on file the status report by way of affidavit of Shri Vivek S.Soni, Assistant Superintendent of Police, Sub Division Adampur, District Jalandhar (Rural) and the custody certificate of petitioner Vaneet Pal Singh, which are taken on record. Copy
SAVITA DEVI KADIAN 2015.06.05 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM No.17393 of 2015 in/and CRR No.674 of 2015 (O&M)
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thereof has been supplied to learned counsel for the petitioners.
Learned counsel for the petitioners states that the parties have already compromised and CRM No.31413 for placing on file the written compromise and CRM No.31414 under Section 320(6) Cr.P.C for compounding the offence, have already been filed.
In these circumstances, the present revision is admitted. Learned counsel for the parties seek time to file the application on behalf of the complainant seeking permission to compound the offence. Adjourned to 28.05.2015.”
Learned counsel for the applicant/respondent No.2 submits that the offence under Section 420 IPC, as per Section 320 (6) Cr.P.C is compoundable with the permission of this Court. Since the parties have compromised the matter and all the outstanding dues of the complainant have been paid and the complainant, who is present in the Court also endorsed the factum of entering into compromise Annexure R-2/1, who has been identified by his counsel, therefore, this Court deems it appropriate to dispose of the revision petition by granting permission of compounding the offence as per Section 320(6) Cr.P.C.
In view of the fact that the compromise has been effected and the offence is accordingly compounded.
The aforementioned criminal revision petition stands disposed of with a direction to the Superintendent, Central Jail,
SAVITA DEVI KADIAN 2015.06.05 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM No.17393 of 2015 in/and CRR No.674 of 2015 (O&M)
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Kapurthala to release the petitioners forthwith, who are stated to have been convicted on the basis of registration of FIR No.173 dated 22.08.2007 under Sections 406 and 420 IPC, P.S.Adampur, District Jalandhar.
(AMIT RAWAL) JUDGE
June 03, 2015 savita
SAVITA DEVI KADIAN 2015.06.05 12:57 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the High Court may exercise its power to compound a compoundable offence under Section 320(6) Cr.P.C. when the parties have compromised and dues are paid.
2 provisions across 2 enactments
Vaneet Pal Singh
State of Punjab
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
