ALTAMAS KABIR, MARKANDEY KATJU
Nikhil Merchant – Appellant
Versus
Central Bureau of Investigation – Respondent
The core ratio decidendi of the judgment is that the High Court, in exercise of its inherent powers under Section 482 CrPC, can quash criminal proceedings, FIR, or complaint arising from a dispute that has been settled through compromise between the parties, even where non-compoundable offences (such as those under Sections 120B, 420, 467, 468, 471 IPC and provisions of the Prevention of Corruption Act) are involved, and Section 320 CrPC does not limit or affect this power (!) [1000426560001][1000426560002][1000426560006][1000426560009][1000426560021][1000426560022][1000426560023][1000426560024].
This ratio emphasizes pragmatic exercise of inherent powers to prevent abuse of process post-compromise [1000426560024].
Judgment
Altamas Kabir, J. —
1.Leave granted.
2.Central Bureau of Investigation (hereinafter referred to as “CBI”) filed a charge sheet against five accused persons under Section 120B read with Sections 420, 467, 468, 471A Indian Penal Code read with Sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. In the said charge sheet, the appellant herein was made accused No.3 and the Company, in respect of which he was the former Managing Director, M/s. Neemuch Emballage Ltd., Mumbai, was made the accused No.4. The other three accused are officials of the Andhra Bank.
3.The accused No.4-Company was granted financial assistance by the Andhra Bank, Opera House Branch under various facilities. On account of default in repayment of the loans, the Bank filed a suit for recovery of the amount payable and in addition, on 19th December, 1995, a complaint was made by the General Manager and the Chief Vigilance Officer of the Bank on the basis whereof investigations were undertaken by the CBI, which filed the above-mentioned charge sheet in the Court of the Special Judge on 30th December, 1998. The a
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