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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
M.P.Balaji Prakasam – Appellant
Versus
State By Superintendent of Police – Respondent
ORDER :
M.NIRMAL KUMAR, J.
All these Criminal Original Petitions have been filed by the petitioners/A4, A5, A2 & A3 to quash the proceedings in C.C.No.66 of 2016 pending on the file of the Principal Sessions Court, Chennai.
2. Originally the charge sheet was filed before the learned Additional Chief Metropolitan Magistrate, Egmore, taken on file as C.C.No.15214 of 2008 and later transferred to the file of the Principal Sessions Judge, Chennai and renumbered as C.C.No.66 of 2016 since the Enforcement Directorate, Chennai filed a complaint against A4 herein, Proprietor of M/s.Gain-N-Nature Food Products.
3. Since all these petitions arise out of C.C.No.66 of 2016, the same are taken up for consideration and disposed by way of common order. For convenience and clarity, the petitioners are referred to as accused, as per their rank, in the charge sheet.
4. The case of the prosecution is as follows:
(i) A1/Palanichamy is the father of A3 & A4 and husband of A2. A5 is M/s.Galaxy Amaze Kingdom Limited, Ambattur Chennai represented by A1 to A3 (In short “GALAXY”) and A6 is one P.G.Selvaraj.
(ii) A1 was managing GALAXY, in which, his wife/A2 and daughter/A3 are Directors. His son/A4 was Proprietor
The High Court may quash criminal proceedings in cases with predominantly civil character and settlements, but must consider the stage of the trial and the nature of the offences.
Redundant criminal proceedings should not be allowed to continue.
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 court emphasized that economic offences involving the financial and economic well-being of the State have implications beyond private disputes, and the gravity of such offences must be considered....
Compounding of serious and non-compoundable offences would amount to misplaced sympathy and is not justified.
The court ruled that serious non-compoundable offenses, including those under the Prevention of Corruption Act, are not susceptible to quashing due to private settlement.
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
The main legal point established in the judgment is that in cases predominantly civil in nature, where the accused have settled the dues with the bank, and there is no evidence of forgery or cheating....
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....
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