LexTARINA SEN versus UNION OF INDIA & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2024] 10 S.C.R. 417 : 2024 INSC 752 Tarina Sen v. Union of India & Anr. (Criminal Appeal No. 4114 of 2024) 03 October 2024 [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Issue arose as to whether the continuation of the criminal proceedings against the appellants would be justified, when the matter has been compromised between the borrower and Bank. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Exercise of power under – Criminal proceedings against the appellant u/ss.120-B, 420, 468 and 471 IPC and s.13(2) r/w s.13(1)(d) of the 1988 Act – Application u/s.482 CrPC for quashing of the criminal proceedings pending before the Special Judge – Disposed of, by the High Court by permitting the appellants to urge all the pleas raised in the application before the trial court at the appropriate stage – Correctness: Held: Matter has been compromised between the borrowers and the Bank and upon payment of the amount under the OTS, the loan account of the borrower has been closed, as such the continuation of the criminal proceedings not justifiable – In the matters arising out of commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimonial or family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court should exercise its powers u/s.482 for giving an end to the criminal proceedings – Possibility of conviction in such cases is remote and bleak and as such, the continuation of the criminal proceedings would put the accused to great oppression and prejudice – Impugned orders passed by the High Court quashed and set aside – Criminal proceedings against the appellants pending before the Special Judge also quashed and set aside – Penal Code, 1860 – Prevention of Corruption Act, 1988. [Paras 11, 14, 15, 17] * Author 418 [2024] 10 S.C.R. Digital Supreme Court Reports 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 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Prevention of Corruption Act, 1988. List of Keywords Continuation of criminal proceedings; Compromise; Quashing of criminal proceedings; s.482, CrPC. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 4114 of 2024 From the Judgment and Order dated 04.07.2023 of the High Court of Orissa at Cuttack in CRLMC No. 34 of 2022 With Criminal Appeal No. 4115 of 2024 Appearances for Parties Rajiv Yadav, Adv. for the Appellant. Mukesh Kumar Maroria, Brijesh Kumar Tamber, Advs. for the Respondents. [2024] 10 S.C.R. 419 Tarina Sen v. Union of India & Anr. Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. Leave granted. 2. The present appeals challenge the final orders dated 4th July 2023 passed by the High Court of Orissa at Cuttack in CRLMC No. 34 of 2022 and in CRLMC No. 33 of 2022, vide which the petition filed by the present appellants for quashing of criminal proceedings came to be disposed of by permitting the appellants to urge all the pleas raised in the said petition before the trial Court at the appropriate stage. The appellants had approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC” for short) praying for quashing of the criminal proceedings in T.R. No. 28 of 2002 pending in the Court of Special Judge (CBI) Bhubaneswar (“trial Court” for short). 3. Shorn of details, the case of the prosecution is as given below. 3.1 On 14th October 2000, on the basis of information received from a reliable source, the Inspector of Police CBI/SPE Bhubaneswar registered a regular case under Section 154 of CrPC being Crime No. RCBHU 2000A0021 (“FIR” for short) against
Excerpt shown. Read the full judgment & AI analysis in Lexace.