Tarina Sen v.Union of India & Anr.

 

[2024] 10 S.C.R. 417 : 2024 INSC 752

Tarina Sen v.Union of India & Anr.

(Criminal Appeal No. 4114 of 2024)

03 October 2024

[B.R. Gavai and K.V. Viswanathan, JJ.]

Issue for Consideration

Issue arose as to whether the continuation of the criminal

proceedings against the appellants would be justified, when the

matter has been compromised between the borrower and Bank.

Headnotes

Code of Criminal Procedure, 1973 – s.482 – Exercise of power under – Criminal proceedings against the appellant u/ss.120-B, 420, 468 and 471 IPC and s.13(2) r/w s.13(1)(d) of the 1988 Act – Application u/s.482 CrPC for quashing of the criminal proceedings pending before the Special Judge – Disposed of, by the High Court by permitting the appellants to urge all the pleas raised in the application before the trial court at the appropriate stage – Correctness:

Held: Matter has been compromised between the borrowers

and the Bank and upon payment of the amount under the OTS,

the loan account of the borrower has been closed, as such the

continuation of the criminal proceedings not justifiable – In the

matters arising out of commercial, financial, mercantile, civil,

partnership or such like transactions or the offences arising out

of matrimonial or family disputes where the wrong is basically

private or personal in nature and the parties have resolved their

entire dispute, the High Court should exercise its powers u/s.482

for giving an end to the criminal proceedings – Possibility of

conviction in such cases is remote and bleak and as such, the

continuation of the criminal proceedings would put the accused to

great oppression and prejudice – Impugned orders passed by the

High Court quashed and set aside – Criminal proceedings against

the appellants pending before the Special Judge also quashed

and set aside – Penal Code, 1860 – Prevention of Corruption Act,

1988. [Paras 11, 14, 15, 17]

 

Case Law Cited

Central Bureau of Investigation, SPE, SIU (X), New Delhi v.

Duncans Agro Industries Ltd., Calcutta [1996] Supp. 3 SCR

360 : (1996) 5 SCC 591; Nikhil Merchant v. Central Bureau of

Investigation and Another [2008] 12 SCR 236 : (2008) 9 SCC

677; Gian Singh v. State of Punjab and Another [2012] 8 SCR

753 : (2012) 10 SCC 303; Central Bureau of Investigation,

ACB, Mumbai v. Narendra Lal Jain and Others [2014] 3 SCR

444 : (2014) 5 SCC 364; Narinder Singh and Others v. State

of Punjab and Another [2014] 4 SCR 1012 : (2014) 6 SCC

466; Gold Quest International Private Limited v. State of Tamil

Nadu and Others [2014] 7 SCR 677 : (2014) 15 SCC 235;

Central Bureau of Investigation v. Sadhu Ram Singla and Others

[2017] 1 SCR 907 : (2017) 5 SCC 350 – referred to.

List of Acts

Code of Criminal Procedure, 1973; Penal Code, 1860; Prevention

of Corruption Act, 1988.

List of Keywords

Continuation of criminal proceedings; Compromise; Quashing of

criminal proceedings; s.482, CrPC.

Case Arising From

CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 4114

of 2024 From the Judgment and Order dated 04.07.2023 of the High Court of Orissa at Cuttack in CRLMC No. 34 of 2022 With

Criminal Appeal No. 4115 of 2024

Appearances for Parties

Rajiv Yadav, Adv. for the Appellant.

Mukesh Kumar Maroria, Brijesh Kumar Tamber, Advs. for the

Respondents.