Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – s.120-B r/w ss.420, 409, 467, 468, 471 – Prevention of Corruption Act, 1988 – s.13(1)(d), 13(2) – Quashing – Of criminal cases having predominantly civil character when parties have settled the dispute – Dispute regarding the loan transaction availed by accused persons-borrowers – Matter settled between the Bank and the accused persons in proceedings before DRT – Accused persons including the appellants sought quashing of the chargesheet filed by CBI before trial Court, rejected by High Court:
Held: Criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or matrimonial relationship/family disputes should be quashed when the parties have settled the dispute – In the present case, the dispute involved predominantly had overtures of a civil dispute – Further, it is undisputed that upon payment of the amount under the One Time Settlement (OTS), the loan account of the borrower was closed and the matter was compromised/settled between the borrowers and the Bank rendering the possibility of conviction remote and bleak – Present is a fit case wherein the High Court ought to have exercised its jurisdiction u/s.482, CrPC and quash the criminal proceedings – Impugned judgment and the criminal proceedings against the appellants are quashed and set aside. [Paras 11, 31, 34, 35]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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