The Supreme Court ruled on 04th October, 2017 (Wednesday) that criminal proceedings in serious crimes like rape, murder and financial fraud can't be quashed even if parties settle dispute amicably as such offences are not private in nature. "Heinous offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled (sic). Such offences are, truly speaking, not private in nature but have a serious impact on society. The decision to continue with the trial in such cases is founded on the overriding element of Public Interest in punishing persons for serious offences", a Bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud said.
"Economic offences involving the financial and economic well-being of the state have also implications which lie beyond the domain of a mere dispute between private disputants. The high courts would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance", the Bench said.
The Court passed the order while dismissing an appeal filed by four persons seeking quashing of the FIR against them for allegedly grabbing land on the basis of forged documents in Gujarat. They contended that the FIR should be quashed since the matter had been settled with the land owner who had filed a criminal complaint against the.
"As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essential civil flavour may, in appropriate situations, fall for quashing where parties have settled the dispute", it said.
[Based on a news item written by Amit Anand Choudhary, published in The Times of India dated 05th October, 2017 (Thursday)].
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