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Criminal · Reportable judgment

N.S. Gnaneshwaran Etc. vs The Inspector of Police & Anr.

Court
Supreme Court of India
Date
28 May 2025
Case No.
Criminal Appeal No(s). 2871-2872 of 2025
Result
Allowed
Bench
Vikram Nath, Sandeep Mehta
Citation
[2025] 5 S.C.R. 667 : 2025 INSC 787
Acts & Sections
CrPC IPC Prevention of Corruption Act, 1988
Supreme Court Reports [2025] 5 S.C.R. 667 : 2025 INSC 787
Issue for consideration
Whether the criminal proceedings against the appellants for offences u/s.120B r/w ss.420, 468, 471, Penal Code, 1860 and u/s.13(2) r/w s.13(1)(d), Prevention of Corruption Act, 1988 ought to be quashed.
Headnote

Code of Criminal Procedure, 1973 – s.482 – FIR on the basis of complaint filed by the respondent no.2-Bank against the appellants alleging that the accused persons caused wrongful loss of Rs.25.89 lakhs to the Bank – In identical cases on the same set of transactions, a settlement was arrived at between the principal accused and the Bank – Appellants sought quashing of the criminal proceedings pending against them, High Court dismissed the petitions – Interference with: Held: Admittedly, dispute between the parties had culminated in a comprehensive One Time Settlement wherein the Bank had received the entire outstanding amount – Recovery proceedings before the Debt Recovery Tribunal were dismissed as settled, and no residual claim survives – Further, in identical proceedings against the appellants, the charge sheets were quashed by High Court taking note of the settlement reached in the recovery proceedings – SLPs thereagainst were dismissed by this Court thus, appellants are entitled to the same relief – There is no continuing public interest to allow the matter to proceed further – Criminal proceedings pending against the appellants, quashed – Penal Code, 1860 – ss.420, 468, and 471 – Prevention of Corruption Act, 1988 – s.3(2) r/w s.13(1)(d). [Paras 7-10]

Keywords: Quashing · Criminal proceedings · Dispute settled · Wrongful loss to the Bank · Fraudulent diversion of funds sanctioned · Identical cases · Same set of transactions · Settlement arrived · One Time Settlement (OTS) · Bank received the entire outstanding amount · Debt Recovery Tribunal · Recovery proceedings · Recovery proceedings before the tribunal settled · No residual claim · Settlement reached in the recovery proceedings · No continuing public interest · Pending criminal proceedings quashed

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.

Full Judgment Text

Judgment Vikram Nath, J. 1. Leave granted. 2. The present appeals arise out of order dated 19.11.2024 passed by the Madurai Bench of the High Court of Madras in Crl. O.P. (MD) Nos. 586 and 595 of 2024, whereby the High Court dismissed the petitions filed by the appellants under Section 482 of the Code of Criminal Procedure, 19731, seeking quashing of criminal proceedings CrPC. initiated against them for offences under Section 120B read with Sections 420, 468, and 471 of the Indian Penal Code, 18602, and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 19
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