Ashok Sadarangani Vs. Union of India
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Head Note
Criminal Laws - Referred to Larger Bench
Larger Bench Certain issue referred to larger bench - Pendency of a reference to a larger Bench, does not mean that all other proceedings involving the same issue would remain stayed till a decision was rendered in the reference.
The Code of Criminal Procedure, 1973 - Section 320 , Section 482 , Indian Penal Code,1860 - Section 465 , Section 467 , Section 468 , Section 120-B , Constitution of India, 1950 - Article 142
Non compoundable offence - Parties entering into compromise - Criminal proceedings whether necessarily be quashed by Court in exercise of inherent powers - (No) - In this case parties entered into compromise but prayer for quashing of proceedings rejected - Accused took loan of Rs. 188 lakhs from bank by offering as security a property in respect of which they had no title as a part of Criminal conspiracy - Non repayment of loan - A case under Sections 465, 467, 468, 471 and 120-B registered against the accused - Parties entering into compromise - Their prayer for quashing of proceedings in exercise of inherent power rejected - Held - Though there is no restriction on power of Supreme Court to quash criminal proceedings in exercise of power under Article 142 of Constitution, but power has to exercised sparingly in facts of each case - The accused had taken loan as a result of larger conspiracy by offering property as collateral security over which he had no title - Accused had a criminal intent.
The Code of Criminal Procedure, 1973 - Section 320 , Section 482
Compounding of non-compoundable offence - Court has power to interfere with non-compoundable cases, but same was required to be used very sparingly in special circumstances in facts of each case.
Topic(s)-Compounding of Non-compoundable Offence
Important Decision(s)- Criminal proceedings whether necessarily be quashed by Court in exercise of inherent powers - (No)