RAMESHCHANDRA J. THAKKAR versus A. P. JHAVERI & ANR.

RAMESHCHANDRA J. THAKKAR versus A. P. JHAVERI & ANR.

Where acquittal is based on compounding and the compounding is invalid in law, the acquittal is liable to be set aside by the High Court in revision. Permission to compound was indivisible for both offences, and as no valid permission could be granted for s.13 of Maharashtra Act, the entire compounding must be held invalid.

Parties
Appellant: Ramesh Chandra J. Thakkar; Respondent No. 1: A. P. Jhaveri; Respondent No. 2: B. D. Sharma
Jurisdiction
India
Judgment Date
13 October 1972
Procedural Posture
Criminal Appeal / Appeal From Judgment of Bombay High Court in Criminal Revision
Outcome
Appeal dismissed
Legal Topics
Compounding of Offences, Revisional Powers, Acquittal, Maharashtra Ownership of Flats Act
Criminal Law Compounding of Offences Revisional Powers Acquittal Maharashtra Ownership of Flats Act

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Parties

Ramesh Chandra J. Thakkar

Appellant

A. P. Jhaveri

Respondent No. 1

B. D. Sharma

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From Judgment of Bombay High Court in Criminal Revision

Legal Issues

  1. 1 Whether High Court can set aside acquittal based on compounding of a non-compoundable offence
  2. 2 Whether permission to compound under s.420 IPC is valid when combined with a non-compoundable offence under s.13 of the Maharashtra Act
  3. 3 Whether High Court's suo motu action in revision is procedurally irregular

Ratio Decidendi

Where acquittal is based on compounding and the compounding is invalid in law, the acquittal is liable to be set aside by the High Court in revision. Permission to compound was indivisible for both offences, and as no valid permission could be granted for s.13 of Maharashtra Act, the entire compounding must be held invalid.

Court Disposition

Appeal dismissed

Orders

  • Order of acquittal set aside
  • Trial magistrate to proceed with trial from stage where complainant withdrew