Tarina Sen & Anr. vs Union of India & Anr.

Not available · 2024 INSC 752Decided 3 Oct 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan

Background

Two women, related by marriage to a bank manager's alleged co-conspirator, were named as accused (Nos. 4 and 5) in a 2000 CBI case alleging a criminal conspiracy to secure bank loans through a partnership firm without proper security, later resulting in bounced post-dated cheques. Years later, the loan account was fully settled with the bank through a One-Time-Settlement, and the recovery proceedings before the Debt Recovery Tribunal were closed. The two women then sought quashing of the criminal case, but the High Court of Orissa only allowed them to raise their arguments at trial instead of quashing the case outright.

Decision Breakdown

The Supreme Court held that once a dispute arising from a commercial or financial transaction has been genuinely and fully settled between the parties, continuing criminal proceedings serves no purpose, especially where conviction is unlikely and continuation would only cause oppression to the accused. The Court noted the appellants had no active role beyond being related to the male co-accused, that both original male accused had since died, and that the bank itself confirmed the settlement. Applying its own settled precedents on quashing settled commercial disputes, the Court allowed the appeals and quashed both the High Court's order and the underlying criminal case against the two women.

Lesson Learnt

Where a financial dispute underlying a criminal case has been genuinely and completely settled between the private parties (especially in matters that are essentially civil/commercial in nature), courts can and should quash the criminal proceedings rather than let them drag on indefinitely against parties with a peripheral role.

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