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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Disha Shukla – Appellant
Versus
State of H.P. – Respondent
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking quashing of FIR No. 199 of 2014 dated 26.08.2014 registered at Police Station Kangra, District Kangra, H.P., for the commission of offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code (IPC).
2. Briefly stated, the facts giving rise to the present petition are that the informant made a complaint asserting that Punjab and Sindh Bank was carrying on the business of banking and providing various facilities to the customers. The petitioner Smt. Disha Shukla and Mr Ajay Dutt approached the bank on 14.04.2014 to seek a loan to purchase a vehicle. They were advised to bring a proforma invoice/quotation from the concerned dealer. Accused Nos 1 and 2 visited the branch on 16.04.2014 and supplied a proforma invoice ofRs. 4,89,596/- issued by M/s T.R Enterprises as the cost of the car. The Officer In-charge sanctioned and advanced the vehicle loan of Rs. 3,67,000/- on 21.04.2014. The amount of Rs. 4,89,596/- was transmitted to the account of accused No.4. The accused Nos. 1 and 2 executed various loan documents in favour of the bank. Accused Nos. 2 and 3 guaranteed the repayment o
The court reinforced that economic offences with societal implications should not be quashed based on civil settlements.
Quashing of FIRs for serious economic offences, such as forgery, cannot be justified by private settlements due to their implications on societal interests.
Economic offences involving forgery and cheating cannot be quashed under CrPC Section 482 on compromise basis due to societal impact and public interest in prosecution.
Economic offences involving cheating, forgery and impersonation cannot be quashed under inherent powers based on compromise due to their societal impact and harm to public financial interests.
Serious economic offences, such as forgery and corruption, cannot be quashed based on private settlements due to their impact on society and public interest.
The court emphasized the wide amplitude of inherent powers under section 482 of Cr.P.C. and the principles governing the exercise of such powers, highlighting the nature and gravity of the offence, p....
Offences involving forgery and societal impact cannot be quashed based on compromise.
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
Redundant criminal proceedings should not be allowed to continue.
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