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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Suresh C. Singal – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(AUGUSTINE GEORGE MASIH, J.)
1. The Appellants have challenged the Order dated 05.05.2017 passed by the learned Single Judge of the High Court of Gujarat in Special Criminal Application (Quashing) No.5629 of 2015, whereby a writ petition under Article 226 of the Constitution was preferred by the Appellants seeking quashing of FIR being RC No.13(E)/2008-CBI dated 08.12.2008 at Police Station, CBI, BS & FC, Mumbai as well as the charge sheet dated 26.05.2010 was dismissed.
2. The bare necessary facts in the present case are that between 1998-2005 Bank of Maharashtra sanctioned multiple credit facilities to the Appellants due to their strong financial standing. Beginning June 2005 onwards, the Appellant companies faced a financial crunch due to adverse market conditions, including the 2004 Surat floods, leading to the bank classifying their loans/credit facilities as Non-Performing Assets (hereinafter referred to as “NPA”). Bank of Maharashtra proceeded to file applications for recovery of the debt before the Debt Recovery Tribunal, Ahmedabad (hereinafter referred to as “DRT”).
3. During the pendency of these proceedings, Central Bureau of Investigation (hereinafter referred
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not.
Redundant criminal proceedings should not be allowed to continue.
The main legal point established in the judgment is the court's authority to quash criminal proceedings based on a compromise, ensuring it aligns with the purpose of criminal jurisprudence and does n....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases where there is no chance of recording a conviction again....
The main legal point established in the judgment is the voluntary nature of the settlement, the reformatory nature of criminal jurisprudence, and the exercise of inherent power for quashing the FIR a....
Quash of Criminal proceedings - Mere because the criminal law was set into motion on filing of a complaint, it cannot be the cardinal principle for continuity of proceedings as wherein the recovery p....
The exercise of inherent power for quashing the FIR and all consequential proceedings is justified to secure the ends of justice, especially when the compromise is voluntary and not secured through c....
The inherent power under Section 482 Cr.P.C. can be exercised to quash proceedings even for non-compoundable offences if the continuance of the prosecution would be an abuse of the process of law, em....
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