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Criminal LawSupreme Court of India

Raj Sharma @ Raj Kumar Sharma v. The State of Uttar Pradesh

Criminal Appeal · 2018 INSC 592Decided 9 Jul 2018
Criminal Appeal No. 844 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant had been facing criminal proceedings under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code, after the Allahabad High Court declined his plea under Section 482 Cr.P.C. to quash the case. During the Supreme Court proceedings, the appellant deposited Rs. 1,50,000, slightly more than the disputed transaction amount, with the Court.

Decision Breakdown

Counsel for the complainant told the Court that since the complainant was being paid his money, he no longer wished to pursue the prosecution, and the State confirmed the offences were compoundable with the court's permission. The Supreme Court disposed of the appeal by directing that the deposited amount be released to the complainant, permitting the appellant to approach the trial court to formally compound the offence (with the complainant's cooperation), and directing that all coercive steps against the appellant, including the freezing of his bank account, be withdrawn.

Lesson Learnt

In disputes arising from compoundable offences, once the complainant has been paid and is willing to settle, the courts will facilitate a practical resolution, such as compounding, rather than insisting on a full criminal trial, sparing both sides prolonged litigation.

Raj Sharma @ Raj Kumar Sharma v. The State of Uttar Pradesh – Legal Case Shots | LegalAware