120B IPC (Criminal Conspiracy) - Generally considered non-compoundable; however, some cases allow for compounding with court permission if the offences are listed in the relevant tables under Section 320 CrPC. Many judgments emphasize that offences under Section 120B IPC are typically non-compoundable unless explicitly permitted GOPAL SINGH @ GOPAL MAHARAJ S/O SHRI BHAIRU SINGH RAWAT, Vs STATE OF RAJASTHAN - Rajasthan, Hanuman Prasad VS State of Rajasthan - Rajasthan, Dharmendra Singh VS State of Rajasthan - Rajasthan, Hashmat Alam VS State - Rajasthan, Darshan Lal VS State Of Haryana - Punjab and Haryana, Sanjay Sharma son of Om Parkash VS State of Himachal Pradesh - Himachal Pradesh.
Offences under Sections 420, 406, 468, 471 IPC - These offences are often considered compoundable, especially when parties reach an amicable settlement. Courts have permitted compounding of Sections 420 and 406 with or without permission, depending on the case, but generally, offences under Sections 468 and 471 are not compoundable without court approval Rajeev Grover VS State - Crimes, Hanuman Prasad VS State of Rajasthan - Rajasthan, Dharmendra Singh VS State of Rajasthan - Rajasthan, Hashmat Alam VS State - Rajasthan, Darshan Lal VS State Of Haryana - Punjab and Haryana.
Supreme Court and High Court Judgments - The Supreme Court has clarified that only offences listed in specific tables of Section 320 CrPC can be compounded. Offences like 120B IPC are usually non-compoundable, and attempting to compound them without proper permission is generally not permissible Hanuman Prasad VS State of Rajasthan - Rajasthan, Darshan Lal VS State Of Haryana - Punjab and Haryana.
Specific Case Insights - Several cases demonstrate that offences under Section 120B IPC are typically non-compoundable, and courts tend to decline permission for compounding unless explicitly allowed by law. Conversely, offences like 420 and 406 IPC are more amenable to compounding when parties settle disputes GOPAL SINGH @ GOPAL MAHARAJ S/O SHRI BHAIRU SINGH RAWAT, Vs STATE OF RAJASTHAN - Rajasthan, Dharmendra Singh VS State of Rajasthan - Rajasthan, Hashmat Alam VS State - Rajasthan.
Analysis and Conclusion:
While some offences under IPC, notably Sections 420 and 406, are generally compoundable with or without court permission, offences under Section 120B IPC (criminal conspiracy) are predominantly non-compoundable unless explicitly permitted under the law or specific legal provisions. The courts consistently uphold the principle that offences outside the scope of the specified tables in Section 320 CrPC cannot be compounded, emphasizing the importance of legal clarity in such matters. Therefore, 120B IPC can typically not be compounded unless special permissions or exceptions apply GOPAL SINGH @ GOPAL MAHARAJ S/O SHRI BHAIRU SINGH RAWAT, Vs STATE OF RAJASTHAN - Rajasthan, Hanuman Prasad VS State of Rajasthan - Rajasthan.
References:
- GOPAL SINGH @ GOPAL MAHARAJ S/O SHRI BHAIRU SINGH RAWAT, Vs STATE OF RAJASTHAN - Rajasthan
- Rajeev Grover VS State - Crimes
- Hanuman Prasad VS State of Rajasthan - Rajasthan
- Dharmendra Singh VS State of Rajasthan - Rajasthan
- Hashmat Alam VS State - Rajasthan
- Raj Reddy Kallem VS State of Haryana - Supreme Court
- Vasumathi Marimuthu VS State rep. by Inspector of Police, CBI/ACB/Chennai - Madras
- Darshan Lal VS State Of Haryana - Punjab and Haryana
- Sanjay Sharma son of Om Parkash VS State of Himachal Pradesh - Himachal Pradesh
Issues: Whether the offences under Sections 409, 477A, 201, and 120B IPC could be compounded despite being non-compoundable ... IPC. ... IPC, relying on the Supreme Court judgments in Gian Singh v. ... However, the trial Judge has declined to verify the compromise as regards to the offence punishable under Section 409, 477A, 201 and 120B IPC on the ground that the said offences are non-compoundable. ... petition is allowed and the petitioner is discharged of ....
Criminal Procedure Code, 1973—Section 482—Petition to quash charge-sheet for offence under Sections 506/406/420/120B/34 Indian Penal ... Code—Offence compounded between parties—Accused applicants were alleged to have cheated complainant of Rs. 66,00,000 on pretext ... Offence under Section 406/420 IPC are compoundable with the permission of the court. Offence under Section 506 IPC can be compounded by the parties without the permission of the court if offence of criminal intimidation f....
, 467, 468, 471 read with 120 ... State & others , (2008) 16 SCC 1 , the Hon'ble Apex Court while dealing with a petition under Section 482 Cr.P.C . for quashment of proceedings of an FIR under Sections 420, 468, 471 , 34, 120B IPC, held that except Section 420 IPC, which could be compounded with the permission ... of the court, other offences under Sections 468, 471, 34 and 120B IPC, mentioned in FIR, could not even be compounded with the permission....
Fact of the Case: The petitioners sought quashing of criminal proceedings for offences under Sections 420, 418, and 120B ... The trial Court by order dated 4.7.2014 has accepted the said application only to the extent of Sections 420 and 418 IPC and has compounded the proceedings to that extent. ... So far as the offence under Section 120B IPC is concerned, the application has been rejected by the trial Court on the ground that the offence under Section 120B IPC is n....
. — Offences u/S. 420, 406 and 120-B IPC — Parties amicably settled their dispute out of the court — Held — Sec. 420 is compoundable ... , other offences under Sections 406 and 120B IPC, mentioned in FIR, could not even be compounded with the permission of the Court and that High Court or even Supreme Court would not ordinarily be justified in doing something indirectly which could not be done directly. ... In the judgment in the case of Manoj Sharma (supra), the Hon'ble Apex Court while dealing with a petition under Sec....
of IPC arising out of the FIR had to be compounded. ... NI Act does not elaborate upon manner in which offences should be compounded – In cases of Section 138 of NI Act, accused must try ... Negotiable Instruments Act, 1881 – Sections 138 and 147 – Indian Penal Code, 1860 – Sections 406, 420 read ... Once the entire amount was paid, the entire proceedings under Section 138 of NI Act as well as offences under Section 406, 420 read with 120B of IPC arising out of the FIR had to be #HL_ST....
It is hereby ordered that the offences punishable under Sections 384, 120B, 504, 506 read with Section 34 of IPC stands compounded in view of the settlement between the parties.
Criminal Produce Code, 1973 - Section 239 – Indian Penal Code, 1860 - Sections 120-B r/w 420, 467, 468 r ... Further, if at all the matter is settled, it could be settled only for the offence under Section 420 IPC; so far as the offences under Sections 120B, 467 & 468 IPC are concerned, the said offence cannot be compounded. ... 11. ... The chargesheet has been filed against the accused persons for the alleged offences under Sections 120-B r/w 420, 467, 468 r/w Section 471 IPC. ... 3. ....
and that only offenses covered by the specified tables can be compounded. ... Section 482 - Quashment of FIR - IPC 420/465/468/471/120B - Section 320, CrPC - Surendra Nath Mohanty v. ... State of J&K to determine that the offenses under Sections 465/467/468/120B, IPC, could not be quashed on the ground of compromise ... It was held that in view of the aforesaid legislative mandate, only the offences, which are covered by table 1 or 2 (as given in Section 320, CrPC) can be compounded an....
offence under Section 120B IPC is non-compoundable. ... Compounding - Criminal Conspiracy - Sections 420, 120B, 34 IPC - The court rejected the application for quashing the FIR as the ... Fact of the Case: The petition was filed to quash an FIR registered under Sections 420, 120B read with Section 34 IPC ... State of HP that criminal offences which are not compoundable under Section 320 of the Code of Criminal Procedure could not be allowed to be compounded even if ....
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