LexK. BHARTHI DEVI AND ANR. versus STATE OF TELANGANA AND ANR.
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[2024] 10 S.C.R. 650 : 2024 INSC 750 K. Bharthi Devi and Anr. v. State of Telangana and Anr. (Criminal Appeal No. 4113 of 2024) 03 October 2024 [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Despite the dispute involved having predominantly overtures of a civil dispute and the matter having been compromised between the parties, whether the High Court was justified in dismissing the quashing petition filed by the accused persons including the appellants seeking quashing of the chargesheet. Headnotes† 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 * Author [2024] 10 S.C.R. 651 K. Bharthi Devi and Anr. v. State of Telangana and Anr. judgment and the criminal proceedings against the appellants are quashed and set aside. [Paras 11, 31, 34, 35] Case Law Cited Central Bureau of Investigation, SPE, SIU (X), New Delhi v. Duncans Agro Industries Ltd., Calcutta [1996] Supp. 3 SCR 360 : (1996) 5 SCC 591; Nikhil Merchant v. Central Bureau of Investigation and Another [2008] 12 SCR 236 : (2008) 9 SCC 677; Gian Singh v. State of Punjab and Another [2012] 8 SCR 753 : (2012) 10 SCC 303; Central Bureau of Investigation, ACB, Mumbai v. Narendra Lal Jain and Others [2014] 3 SCR 444 : (2014) 5 SCC 364; Narinder Singh and Others v. State of Punjab and Another [2014] 4 SCR 1012 : (2014) 6 SCC 466; Gold Quest International Private Limited v. State of Tamil Nadu and Others [2014] 7 SCR 677 : (2014) 15 SCC 235; Central Bureau of Investigation v. Sadhu Ram Singla and Others [2017] 1 SCR 907 : (2017) 5 SCC 350; B.S. Joshi and Others v. State of Haryana and Another [2003] 2 SCR 1104 : (2003) 4 SCC 675; Manoj Sharma v. State and Others [2008] 14 SCR 539 : (2008) 16 SCC 1; Gian Singh v. State of Punjab and Another [2012] 8 SCR 753 : (2010) 15 SCC 118 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Prevention of Corruption Act, 1988. List of Keywords Section 482 of Code of Criminal Procedure, 1973; Quashing; Criminal Cases Having Predominantly Civil Character; Loan Transaction; Borrowers; Bank; Commercial Transactions; Matrimonial Relationship/Family Disputes; Compromise/Settlement Between The Parties; Criminal Proceedings Quashed; Debts Recovery Tribunal. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 4113 of 2024 From the Judgment and Order dated 01.09.2017 of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in CRLP No. 5778 of 2016 652 [2024] 10 S.C.R. Digital Supreme Court Reports Appearances for Parties Dama Seshadri Naidu, Gaurav Agarwal, Sr. Advs., Rajiv Yadav, Nishant Bhatia, Vivek Singh, Ms. Shivali Chaudhary, R Chandrachud, Ramesh Allanki, Ms. Aruna Gupta, Syed Ahmed Naqvi, Siddhant Buxy, Ms. Rupinder Kaur, Vansh Verma, Yash Gupt, Rabin Majumder, Advs. for the Appellants. Vikramjeet Banerjee, A.S.G., Mukesh Kumar Maroria, Ms. Bani Dikshit, Mrs. Priyanka Das, B K Satija, Ayush Anand, Ms. Vimla Sinha, Ms. Devina Sehgal, Vineet George, Brijesh Kumar Tamber, Vinay Singh Bist, Prateek Kushwaha, Ms. Arani Mukherjee, Yashu Rustagi, Sahas Bhasin, Himanshu Munshi, Anitesh Choudhary, Siddhant Munshi, Advs. for the Respon
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