Gopakumar B. Nair Vs. C.B.I. & Anr.
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Head Note
Indian Penal Code,1860 - Section 420 , Section 471 , Section 120-B , Prevention of Corruption Act,1988 - Section 13 (1) , (2) , The Code of Criminal Procedure, 1973 - Section 482
As the parties out side compromised and asked to apply Nikhil Merchant and Gian Singh case to them - High court dismissed the writ and Apex court held that neither Nikhil Merchant (supra) nor Gian Singh (supra) can be understood to mean that in a case where charges are framed for commission of non-compoundable offences or for criminal conspiracy to commit offences under the PC Act, if the disputes between the parties are settled by payment of the amounts due, the criminal proceedings should invariably be quashed - What really follows from the decision in Gian Singh (supra) is that though quashing a non-compoundable offence under Section 482 CrPC, following a settlement between the parties, would not amount to circumvention of the provisions of Section 320 of the Code the exercise of the power under Section 482 will always depend on the facts of each case.
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