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ashish (ll)     08 April 2010

406 ipc

is compromise possible in case of sec 406....??? i came across a case in which there was a compromise b/w both d parties ...n d govt. advocate objected saying tht no compromise is possible under such section...

my question is whether d govt. advocate is right ...??



 11 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 April 2010

Govt. pleader has full right to raise objection as he is the counsel for the State/prosecution. In such matters generally statements are changed.

nidhi kalia (lawyer)     08 April 2010

I do agree with Mr. Makkad. 

ashish (ll)     09 April 2010

thnq gentleman for ur reply...but my question is whether there can be compromise b/w the parties....as the compromise was not possible before b/w the parties...some recent ammendment suggest that compromise is possible now...

vipul vakharia (advocate)     09 April 2010

every offences are against the state . So the   P P  can take objection,  but in my yiew if the compromise is taken place between the parties  offence u/s 406  ipc  there is no adverce effect in  the  society .So the state should not have objection. You can submit before the court

vipul vakharia

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     11 April 2010

Ashish

offence under sec. 406 is coumpoundable with the permission of the court.

In your language, there can be compromise b/w the parties.

Even prior to amendment also it was compoundable,

i.e, offence under section 406 was compoundable in the original act.

The condition is that only with permission of the court offence can be compounded.

Dharmesh Manjeshwar (Advocate/Lawyer)     12 April 2010

Very true .... 406 is an offence which is compundable with permission of the concerned court ....

The original act mentioned that 406 could be compounded with the permission of the court only where the value of the property did not exceed Rs. 250 /-

But there has been an amendment and now there is no slab/ceiling for compounding the offence with the permission of the court ....

VIJAY KUMAR ARORA (ADVOCATE)     08 December 2010

Dear all

Section 406 of IPC is compoundable with the permission of the court when both the parties are agreed to compromise the matter. In this context there is a clear judgement of the Supreme Court where in it had held that section 406 is compoundable the citation of the same is SCC 2008 VOLUME 4 Titled as Madan Mohan Abbot V/s State of Punjab.

Vijay Kumar Arora

Advocate

BISWAMBAR PANDA (General Manager)     10 December 2010

FIR lodged against me u/s 406 and 420 showing cause that I have mis use company fund which was deposited in my personal bank account.But I have some part receipts(proofs of documents which clearly showing that fund received by the concerned agencies).

Please help me.

VIJAY KUMAR ARORA (ADVOCATE)     11 December 2010

Dear

No problem Supreme Court is very clear on this issue , if your company is ready to compromise the matter then it can be comundable

Harish Tureha (student)     15 July 2011

my marrid brother died in an bike accident in 2009. Her wife go back to her home..now yesterday night two policemen came and told us that the warrants had been issued against me, my father,mother and sister.They told ua that her wife done case on us under section 406 IPC.Without any summon by court is it possible to issue warrants?? Please suggest me to came out of this problem...my mail is 1needforspeed1@gmail.com

Palak Singh   31 March 2020

Section 406 of IPC states that “Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.”


It is only compoundable with Court permission when the value of the property does not exceed Rs. 250 and not compoundable otherwise, and is triable by a Magistrate of the first or second class.


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