RAJARAM KASHYAP Vs. STATE OF UP

JUDGEMENT

(1.) Leave granted.

(2.) The only question raised is that since the parties have settled their dispute and want to compound the offence i.e., Sections 406 and 420 of the Indian Penal Code, 1860 (in short the 'Act'), the court should have permit it to be in terms of Sub-section (2) of Section 320 of the Code of Criminal Procedure, 1973 (in short 'Code'). The offences indicated in the table are compoundable and it is indicated as to who is the person by whom the offence may be compounded.

(3.) Sub-section 320 of the Code so far as relevant reads as follows: The offence punishable under the sections of the Indian Penal Code (45 of 1860) specified with the permission of the Court before which any prosecution for such, offence is pending, be compounded by the persons mentioned.