TITLE – Kamlesh Ramchandra Wadhwani Versus State of Gujarat and Others
Decided On-: August 25, 2023
340 of 2013
CORAM: Hon’ble Justice Mr. M.R Mengdey
INTRODUCTION-
The Petitioner [Original Accused] has challenged the order made by the learned Metropolitan Magistrate Court No. 1, Ahmedabad in Criminal Case by filing the current Application under Section 397 read with Section 401 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
According to the Revision Application, a complaint was filed against the Petitioner at the request of the Complainant, Kailash Nanakram Wadhwani, for the offence punishable under Sections 408 and 506(1) of the Penal Code, 1860. The aforementioned FIR resulted in Criminal Case No. 2076 of 2008, which was still in the trial phase before the relevant Trial Court. Exhibit 14 of the application was submitted on behalf of the applicant during the pendency of the proceedings, requesting acceptance of the parties’ agreement to dismiss the current charges because the matter had been amicably resolved between the parties and the offence levelled against the petitioner was compoundable under Section 320 of the Code of Criminal Procedure.
COURT ANALYSIS AND DECISION
According to the advocate’s attorney, the matter has been amicably resolved between the parties and the alleged offence against the petitioner is compoundable in light of Section 320 of the Criminal Procedure Code. He has also provided a copy of the first known informant’s deposition. In addition, he claimed that Respondent No. 2 in this case had applied to the relevant Trial Court for the compounding of the offence in accordance with Section 320 of the Criminal Procedure Code. The Trial Court denied the said application on the grounds that, in accordance with Section 320 of the Criminal Procedure Code, an offence punishable under Section 408 of the IPC can only be compounded up to Rs. 2000, and since the sum at issue in this case above Rs. 1 lac, the same is not compoundable.
Therefore, it appears that the concerned Trial Court erred in passing the impugned order given that the matter has been amicably resolved between the parties and that Section 320 of the Criminal Procedure Code is completely silent regarding the compounding of an offence punishable under Section 408 of the IPC only to the extent of Rs. 2000. As a result, the application deserves to be approved, and as such, it is approved hereby. In accordance with the provisions of Section 320 of the Code of Criminal Procedure, the impugned order is hereby reversed and set aside, and Respondent No. 2 is permitted to compound the offence.
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Written by- Steffi Desousa
