SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(HP) 93

DHARAM CHAND CHAUDHARY
Anju Thakur – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anil Thakur, Advocate, vice counsel
For the Respondent:Mr. Neeraj K. Sharma, Dy. Advocate General, Mr. Vikas Chandel, Advocate, Mr. Vinit Thakur, Advocate, vice counsel

JUDGMENT :

Dharam Chand Chaudhary, J.

Complaint herein is that learned Chief Judicial Magistrate, Shimla has erroneously dismissed the application filed under Section 320 Cr.P.C. seeking permission to compound the offence punishable under Sections 406, 420, 506 read with Section 120-B of the Indian Penal Code, vide impugned order dated 21.1.2016, Annexure P-3.

2. Petitioner herein is the accused in Cr. Case No. 198-2 of 13/11. The complainant (respondent No. 2 herein) has filed an application under Section 320 Cr.P.C. for withdrawal of the case FIR No. 29/2010 registered against her under Sections 406, 420, 506 and 120-B IPC. The impugned order reveals that the charge against the accused-petitioner has only been framed under Section 420 read with Sections 120-B and 506 IPC. In view of the provisions contained under Section 320 Cr.P.C., an offence punishable under Section 506 IPC can be compounded by the person intimidated i.e. the complainant even without the permission of the Court. Further, an offence punishable under Section 420 IPC can only be compounded by the person cheated but with the permission of the Court. Learned trial Court, however, has dismissed the application for the







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top