DEVA RAM Vs STATE OF RAJASTHAN
Bench: RANJANA PRAKASH DESAI,N.V. RAMANA
Case number: Crl.A. No.-001165-001165 / 2014
Diary number: 7695 / 2014
Advocates: NACHIKETA JOSHI Vs
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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
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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.
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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
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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:
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“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.
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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.
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