ASHOK SADARANGANI & ANR. versus UNION OF !NOIA & ORS.

ASHOK SADARANGANI & ANR. versus UNION OF !NOIA & ORS.

In the instant case, the criminal proceedings cannot be quashed merely because a compromise had been reached with the banks, given the emphasis is more on the criminal intent of the petitioners, including alleged forgery and fraud relating to property and collaterals, rather than a purely civil dispute. Reliefs prayed for by writ petitioners cannot be granted and criminal proceedings will continue.

Parties
Petitioner: Ashok Sadarangani; Respondent: Union of India; Petitioner: Ashok Sadarangani & Anr.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
14 March 2012
Procedural Posture
Writ Petition (crl.) / Final Judgment
Outcome
Writ petition dismissed
Legal Topics
Quashing of Criminal Proceedings, Inherent Powers Under Article 142, Compromise in Criminal Cases, Non Compoundable Offences, Abuse of Process
Criminal Law Constitutional Law Quashing of Criminal Proceedings Inherent Powers Under Article 142 Compromise in Criminal Cases Non Compoundable Offences Abuse of Process

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Parties

Ashok Sadarangani

Petitioner

Union of India

Respondent

Ashok Sadarangani & Anr.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (crl.) / Final Judgment

Legal Issues

  1. 1 Whether a non-compoundable offence under Criminal Procedure Code, 1973, can be quashed after a compromise between accused and complainant.
  2. 2 Whether continuance of criminal proceedings post-compromise amounts to abuse of court process.

Ratio Decidendi

In the instant case, the criminal proceedings cannot be quashed merely because a compromise had been reached with the banks, given the emphasis is more on the criminal intent of the petitioners, including alleged forgery and fraud relating to property and collaterals, rather than a purely civil dispute. Reliefs prayed for by writ petitioners cannot be granted and criminal proceedings will continue.

Court Disposition

Writ petition dismissed

Orders

  • No reliefs granted to writ petitioners
  • No order as to costs