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        2013 (10) TMI 1427 - SC - Indian Laws

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        Criminal proceedings for cheating and corruption-related offences cannot be quashed merely because the bank dispute was settled. Settlement between a borrower and a bank did not justify quashing criminal proceedings for cheating, use of forged documents and corruption-related ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Criminal proceedings for cheating and corruption-related offences cannot be quashed merely because the bank dispute was settled.

                            Settlement between a borrower and a bank did not justify quashing criminal proceedings for cheating, use of forged documents and corruption-related offences. The SC reiterated that inherent power under Section 482 CrPC is distinct from compounding under Section 320 and may be used only to prevent abuse of process or secure the ends of justice. Offences with serious public or societal impact, including those under the Prevention of Corruption Act, are not ordinarily fit for quashing on compromise. The High Court therefore erred in treating repayment of dues as a true compromise, and the prosecution was allowed to proceed.




                            Issues: Whether criminal proceedings for cheating, use of forged documents and corruption-related offences could be quashed under the inherent jurisdiction of the High Court merely because the borrower and the bank had settled the monetary dispute.

                            Analysis: The power under Section 482 of the Code of Criminal Procedure, 1973 is distinct from the power to compound offences under Section 320 of the Code. It may be exercised to secure the ends of justice or to prevent abuse of process, but not as a matter of course in every case of settlement. Offences involving serious societal impact, including those under special statutes like the Prevention of Corruption Act, 1988, do not fall in the category ordinarily fit for quashing on compromise. In the present case, the allegations concerned cheating and use of forged documents in banking transactions, and the repayment of dues pursuant to the debt recovery proceedings did not amount to a true compromise of the criminal case. The High Court, therefore, erred in treating the settlement as sufficient basis to terminate the prosecution.

                            Conclusion: The quashing of the criminal proceedings was impermissible; the order of the High Court was set aside and the prosecution was directed to proceed in accordance with law.

                            Ratio Decidendi: Settlement between the complainant and the accused does not justify quashing of criminal proceedings for serious offences having public or societal impact, especially offences under special statutes, unless continuation of the case would itself amount to abuse of process or defeat the ends of justice.


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                            ActsIncome Tax
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