Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: 8.482 — Quashing of proceedings -- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: 8.482 — Quashing of proceedings -- Complaint against respondents-office bearers of the Association that they misappropriated funds' of the Association and misused their position as office bearers of the Association — Settlement between the parties — Compounding petition in view of settlement — High Court quashed the criminal proceedings on the ground that in compounding petition, a stand was taken by both the parties that there was no misappropriation of funds of Association and the offences were purely personal in nature —- Held: The allegations levelled against respondents-accused could not be treated as purely of a personal nature — It is also not possible to acknowledge the position adopted by the complainants, and the then members of the Association, that no misappropriation had been committed by the accused — Such a statement could not have been made after the investigation had been completed, and charges were framed, which were pending trial before a court of competent jurisdiction - The basis on which the impugned order was passed, was incorrectly determined as of a personal nature — It is not the case of the accused, that the final report does not contain adequate material to substantiate the charges ~ Impugned order set aside — Complaint case restored on the file of Chief Judicial Magistrate. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 371 |
Petitioner | J. Ramesh Kamath & Ors. |
Respondent | Mohana Kurup & Ors. |
SCR | [2016] 3 S.C.R. 103 |
Judgement Date | 2016-05-04 |
Case Number | 445 |
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