VIKRAM NATH, SANDEEP MEHTA
N. S. Gnaneshwaran – Appellant
Versus
Inspector of Police – Respondent
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 [Cr.P.C.] seeking quashing of criminal proceedings initiated against them for offences under Section 120B read with Sections 420, 468, and 471 of the Indian Penal Code, 18602 [IPC] and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.3 [PC Act]
3. The facts relevant to the present appeals are as follows:
3.2. The allegations against appellant no. 1, N.S. Gnaneshwaran, are that he was instrumental in orchestrating
Criminal proceedings can be quashed where allowing criminal proceedings to continue would serve no meaningful purpose, particularly when dispute between parties has already been resolved through a fu....
Criminal proceedings under special statutes like the Prevention of Corruption Act cannot be quashed solely based on civil settlements, emphasizing the need for trials to proceed.
Criminal proceedings under the Prevention of Corruption Act cannot be quashed based on civil settlements, emphasizing the need for trial completion.
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.
One Time Settlement can quash criminal proceedings in cases lacking evidence of fraud or forgery.
Economic offences cannot be quashed based on settlement due to their serious implications for public interest.
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....
When matter has been compromised between borrower and Bank, continuation of criminal proceedings would not be justifiable.
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
Redundant criminal proceedings should not be allowed to continue.
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