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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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