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TMI Blog2022 (9) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court. If persons who participated in the selection process but who could not make it to the final list of selected candidates on account of the alleged corrupt practices adopted by those in power are not victims, we do not know who else could be a victim. We cannot shy away from the fact that candidates, who are selected and appointed to posts in the Government/public corporations by adopting corrupt practices, are eventually called upon to render public service. It is needless to say that the quality of public service rendered by such persons will be inversely proportionate to the corrupt practices adopted by them. Therefore, the public, who are recipients of these services, also become victims, though indirectly, because the consequences of such appointments get reflected sooner or later in the work performed by the appointees. Hence, to say that the appellants have no locus standi, is to deny the existence of what is obvious. Effect of the compromise and the non inclusion of the offences under the P.C. Act - HELD THAT:- It is clear from the march of law that the Court has to go slow even while exercising jurisdiction under Section 482 Cr.PC or Article 226 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring Parties : Mr. Siddharth Bhatnagar, Sr. Adv., Mr. Rakesh Sharma R., AOR, Mr. Siddhartha Iyer, Adv., Ms. Pracheta Kar, Adv., Mr. Prashant Bhushan, Adv., Mr. Pranav Sachdeva, AOR, Mr. Jatin Bhardwaj, Adv., Ms. Neha Rathi, Adv., Mr. Rakesh Dwivedi, Sr. Adv., Mr. Manan Kumar Mishra, Sr. Adv., Dr. Ram Sankar, Adv., Ms. Anjul Dwivedi, Adv., Ms. Usha Prabhakaran, Adv., Mr. N. Bharani Kumar, Adv., Mr. M. Naveen, Adv., Mr. Tarunvir Singh Khehar, Adv., Ms. M. Theepa , Adv., For M/S. Ram Sankar Co, AOR, Mr. A. Mariarputham, Sr. Adv., Dr. Joseph Aristotle S., AOR, Ms. Nupur Sharma, Adv., Mr. Shobhit Dwivedi, Adv., Mr. Sanjeev Kumar Mahara, Adv., Mr. Mukul Rohtagi, Sr. Adv., Mr. Prabhakaran, Sr. Adv., Mr. Ma. Gowthaman, Adv., Mr. Thangadurai, adv., Ms. T. Archana, AOR, Mr. A.N. Venugopala Gowda, Sr. Adv., Ms. Garima Jain, Adv., Mr. Gopal Shankaranarayanan, Sr. Adv., Mr. Balaji Srinivasan, Adv., Mr. Mohit Singh, AOR, Ms. Aakriti Priya, Adv., Ms. Shiva Krishnamurthy, Adv., Ms. Vaishnavi Subhramanyam, Adv., Ms. Lakshmi Rao, Adv., Ms. Jhanvi Dwivedi, Adv., Mr. Pranav Sachdeva, AOR, Mr. C.A. Sundaram, Sr. Adv., Ms. S. Prabakaran, Sr. Adv., Ms. Rohini Musa, Adv., Mr. Ma. Gouthaman, Adv., Mr. Za ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... told to get them jobs in the Transport Corporation and they are ready to pay money for the same. I told that money was to be given to through one Mr.Rajkumar and should there surface any problem, we should be ready to face the same. They also, agreeing to the same, paid me money, in several installments during the period from 25.12.2014 to 04.01.2015, amounting to Rs.40,00,000/ . conveyed those details to Mr. Rajkumar. In the first week of January 2015, he and myself went to the house of Thiru Senthil Balaji at R.A. Puram. At that time, Mr. Shanmugam, P.A. to Thiru Senthil Balaji came towards me and received the sum of Rs.40,00,000/ . We insisted on Thiru Shanmugam to see Thiru Asok Kumar and Thiru Senthil Balaji in person. Thiru Asok Kumar, who came there, when we gave the amount, had assured that all who have paid amounts would issued with appointment orders. He took us then itself to Thiru Senthil Balaji. He told in an assuring voice that there is no need to worry and all those who gave money would be definitely given appointment orders. In the list of names released by the Transport Corporation, the names of persons for whom I gave money, have not appeared in list o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reats unleashed against me and get me back the sum of Rs.40,00,000/ payable to me by all of them. (ii) The FIR was for alleged offences under Sections 405, 420 and 506(1) of the Indian Penal Code (for short IPC ). Four persons by name Shri Senthil Balaji (the then Transport Minister), Shri Ashok Kumar (the brother of the Minister), Shri Shanmugam (Personal Assistant to the Minister) and Shri Raj Kumar were cited as the accused in the FIR. (iii) After investigation, the police filed a final report dated 12.04.2019 under Section 173(2)(i) of Cr.P.C., against all the four accused named in the First Information Report. The final report indicted the persons named as accused, for alleged offences under Sections 406, 409, 420, 506(1) read with Section 34 IPC. The Special Court for trial of cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu took the final report on file in CC No.25 of 2021. (iv) Shri Shanmugam, named as accused No.3 then filed a criminal original petition in Criminal O.P. No.13374 of 2021 on the file of the High Court of Judicature at Madras under Section 482 of the Cr.P.C. praying for quashing the criminal complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petition contending that what happened was a cash for job scam and that he would have got selected if the scam had not taken place. Since he was not a party to the quash proceedings before the High Court, his special leave petition was accompanied by an application for leave to file Special Leave Petition. The said application was allowed by this Court on 11.02.2022. (xii) In the meantime, an organisation by name Anti Corruption Movement, moved a Miscellaneous Petition before the High Court seeking recall of the order dated 30.07.2021 on the ground that the complaint involved allegations of corruption and abuse of official position and that therefore the charge sheet could not have been quashed on the basis of a compromise between the parties. This application for recall was rejected by the High Court by an Order dated 14.03.2022, primarily on the ground that this Court has already entertained a special leave petition against the order sought to be recalled. (xiii) Therefore, challenging the original order dated 30.07.2011 and the order dated 14.03.2022, the said Association, namely, Anti Corruption Movement has come up with two special leave petitions. 6. Before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant in 2 of the appeals, contended that the prosecution itself was guilty of not including in the charge sheet the offences under the P.C Act and that even the opportunity now available to the Court under Section 216 of the Cr.P.C. is nipped in the bud by the High Court allowing a compromise and quashing the complaint. 9. Shri Rakesh Dwivedi, learned senior counsel appearing for the first respondent in these special leave petitions and who was the petitioner before the High Court in the quash petition, supported the order of the High Court contending inter alia that the statements of the victims did not make out a case for prosecution of the accused under the P.C Act; that this is why the final report filed by the police did not implicate the accused for any offence under the P.C Act; that the prosecution was constrained to include Section 409 IPC only because of a statement as though respondent No.1 was a Personal Assistant to the then Minister (A 1); that however no such order of appointment of respondent No.1 as the Personal Assistant to the Minister was ever brought on record; that in the Additional Affidavit filed by respondent No.1, he categorically denied any asso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto the criminal proceedings; that therefore, the appellants in the above appeals have no locus standi to question the order of the High Court; and that in the light of the contents of the affidavit filed by the de facto complainant Shri Arulmani before the High Court, no conclusion other than the one reached by the High Court is possible. 11. Shri C.A. Sundaram, learned senior counsel appearing for A 1 contended inter alia, that the appellants who have approached this Court have no locus standi to interfere with the proceedings initiated at the behest of individual complainants; that the appellants have taken cudgels on behalf of the political rivals, to undo a compromise reached between a few individual complainants and persons who received money from them; that the parameters laid down by this Court for closing criminal cases on the basis of the compromise reached between parties even in the case of non compoundable offences, have been followed properly by the High Court in this case; and that since allegations of corruption are not made out in this case, there is no element of public interest involved. According to the learned senior counsel for A 1, the appellants are relyi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Appeal No.1027 of 2013, directing all appointments in all Government departments to be made only after due notification to the public in Newspapers besides sponsorship from the Employment Exchange, the Secretary to Government, Employment and Training Department sent a communication to the Managing Directors of all State Transport Undertakings on 30.07.2014 to follow the directions of the High Court in the matter of appointments; (ii) All the representatives of all the State Transport undertakings resolved in a meeting held on 06.10.2014 to conduct future recruitments only after inviting applications from the open market through newspaper advertisements apart from getting a list of candidates sponsored by the Employment Exchange; (iii) Thereafter, Thiru Senthil Balaji, the then Transport Minister (A 1 in the present case) instructed the officers to collect details regarding the day to day progress of the recruitment in all 8 Transport Corporations of the State; (iv) These communications were directed to be transmitted to the Minister s office via e mail and the mail box was operated and maintained by Shri B. Shanmugam and not by any of the other Personal Assista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es on account of the alleged corrupt practices adopted by those in power are not victims, we do not know who else could be a victim. 18. We cannot shy away from the fact that candidates, who are selected and appointed to posts in the Government/public corporations by adopting corrupt practices, are eventually called upon to render public service. It is needless to say that the quality of public service rendered by such persons will be inversely proportionate to the corrupt practices adopted by them. Therefore, the public, who are recipients of these services, also become victims, though indirectly, because the consequences of such appointments get reflected sooner or later in the work performed by the appointees. Hence, to say that the appellants have no locus standi, is to deny the existence of what is obvious. 19. The decision in Sanjay Tiwari (supra), relied upon by Shri Mukul Rohtagi, learned senior Counsel for the de facto complainant, is of no application to the case on hand. The appeal in Sanjay Tiwari s case arose out of an application for expediting the trial of a criminal case pending on the file of the Special Judge, Gorakhpur, for alleged offences under Sections 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 against 14 accused. On an application filed by the CBI the learned trial Judge allowing the application to the extent that request to conduct necessary investigation and to collect necessary evidence which can be collected in Switzerland passed order on 05.02.1990 which is to the following effect: In the result, the application of the CBI is allowed to the extent that a request to conduct the necessary investigation and to collect necessary evidence which can be collected in Switzerland and to the extent directed in this order shall be made to the Competent Judicial Authorities of the Confederation of Switzerland through filing of the requisite/proper undertaking required by the Swiss law and assurance for reciprocity. 13. A criminal miscellaneous application was filed by Shri H.S. Chowdhary seeking various prayers before the Special Judge which petition was dismissed by the Special Judge. A criminal Revision under Sections 397/482 Cr. P.C. was filed by H.S. Chowdhary in the High Court to quash the order of the Special Judge, which Revision was also dismissed by the High Court. The appeals were filed in this Court by different parties challenging the said order incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly satisfied that respondent No. 2 has no locus in the present case to file application under Section 482 Cr.P.C. asking the Court to expedite the hearing in criminal trial. We have already observed that all criminal trials where offences involved under the prevention of Corruption Act have to be concluded at an early date and normally no exception can be taken to the order of the High Court directing the trial court to expedite the criminal trial but in the present case the fact is that proceedings have been initiated by respondent No. 2 who was not concerned with the proceedings is any manner and the respondent No. 2 has no locus to file application which was not clearly maintainable, we are of the view that the impugned judgment of the High Court dated 09.09.2020 cannot be sustained. 20. All that this Court pointed out in paragraph 11 of the decision in Sanjay Tiwari (supra) was that an application for expediting the trial, filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court. 21. The decision in Janata Dal vs. H.S Chowdhary and Others [(1991) 3 SCC 756] cited in paragraphs 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Sessions Court for an offence under Section 302 and whose conviction was set aside by the High Court, was convicted by this Court in a criminal appeal, filed not by the State, but by the brother of the victim, though he was neither the complainant nor the first informant. Thereafter, the accused filed a writ petition under Article 32 contending that this Court had no power to grant special leave to the brother of the victim to file an appeal against the judgment of the High Court. While rejecting the contention, Hon ble Justice V.R. Krishna Iyer (as he then was) said in his inimitable style: the bogey of busybodies blackmailing adversaries through frivolous invocation of Article 136 is chimerical. Access to Justice to every bona fide seeker is a democratic dimension of remedial jurisprudence even as public interest litigation, class action, pro bono proceedings, etc. We cannot dwell in the home of processual obsolescence when our Constitution highlights social justice as a goal. Therefore, the objection about the locus standi of the appellants is without any merit. In any case, the appellant in one of these appeals, is a victim, as he could not get selected on accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he one hand and the 4 accused on the other hand. 28. As we have pointed out earlier, the FIR was registered only for offences under Sections 405, 420 506(1) of the IPC. This was despite the fact that the allegations contained in the complaint very clearly pointed to payment of money for procuring employment in the Public Transport Corporation. We have already extracted the entire complaint in paragraph 5(i) above. It was stated in the said complaint that in the year 2014, an announcement for filling up vacant posts of Conductor and Driver in the Transport Corporation was issued and that the complainant got introduced to one Mr. Rajkumar. In fact there is also an averment in the complaint that in the first week of January 2015, the complainant went along with the said Rajkumar to the residence of Thiru Senthil Balaji at R.A. Puram and that the amount of Rs.40 lakhs was paid therein to Shri Shanmugam, P.A. to the Minister. The complainant had gone on to state that upon his insistence, he was allowed to meet the Minister and his brother and that the Minister and his brother assured him that all those who gave money would definitely be given appointment orders. 29. It must be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ections 498A, 323 and 406. Therefore, this Court appears to have taken a lenient view. 35. Nikhil Merchant (supra) is a case where a borrower committed default in repayment of the loans taken from Andhra Bank. Apart from filing a suit for recovery of money, the Bank also filed a criminal complaint both against the officers of the company and against the officers of the bank, not only for offences under the IPC but also for offences under the PC Act. After the suit was compromised, the Managing Director of the borrower Company sought to get discharged from the complaint. The special Judge (CBI) rejected the application for discharge. The High Court confirmed the same. But this Court reversed the decision of the High Court, solely on the ground that the amount payable to the Bank stood settled. However, it must be noticed that in Nikhil Merchant, the operative portion of the order of this Court merely stated that the criminal proceedings were quashed against the appellant therein. There is no indication therein that the complaint against the officers for offences under the P.C. Act were also quashed. 36. Manoj Sharma (supra) was a case where the offences complained were under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead with Section 120B IPC. It was a case involving credit facilities provided by the Banks and the failure of the borrowers to repay the loan. After the debts due to the bank were assigned in favour of an Asset Reconstruction Company, a settlement was reached and the borrower took a No Due Certificate . Therefore, relying upon the decisions of this Court in Madan Mohan Abbot vs. State of Punjab [(2008) 4 SCC 582] and Central Bureau of Investigation vs. A. Ravishankar Prasad and Others [(2009) 6 SCC 351] , the High Court of Bombay quashed the proceedings on the ground that no useful purpose would be served by allowing the matter to proceed for trial. It is interesting to note that Madan Mohan (supra), as seen from the last paragraph of the order, was passed in the peculiar facts of the case. But in so far as A. Ravishankar Prasad (supra) is concerned, the High Court quashed the proceedings on the basis of a settlement reached between the borrowers and the Indian Bank. But the decision of the High Court was over turned, by a two Judge Bench of this Court even after taking note of B.S.Joshi and Nikhil Merchant. In paragraph 46 of its decision, this Court said in A. Ravishankar Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en perceives a tiny gleam of success, readily invokes the inherent jurisdiction for quashing of the criminal proceeding. The Court's principal duty, at that juncture, should be to scan the entire facts to find out the thrust of allegations and the crux of the settlement. It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence. As we find in the case at hand the learned Single Judge has not taken pains to scrutinise the entire conspectus of facts in proper perspective and quashed the criminal proceeding. The said quashment neither helps to secure the ends of justice nor does it prevent the abuse of the process of the court nor can it be also said that as there is a settlement no evidence will come on record and there will be remote chance of conviction. Such a finding in our view would be difficult to record. Be that as it may, the fact remains that the social interest would be on peril and the prosecuting agency, in these circumstances, cannot be treated as an alien to the whole case. Ergo, we have no other option but to hold that the order [Vikram Anantrai Doshi v. State of Mahara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f having an impact not merely on the complainant and the accused but also on others. 43. As seen from the final report filed in this case and the counter affidavit filed by the I.O., persons who have adopted corrupt practices to secure employment in the Transport Corporation fall under two categories namely, (i) those who paid money and got orders of appointment; and (ii) those who paid money but failed to secure employment. If persons belonging to the 2nd category are allowed to settle their dispute by taking refund of money, the same would affix a seal of approval on the appointment of persons belonging to the 1st category. Therefore, the High Court ought not to have quashed the criminal proceedings on the basis of the compromise. 44. It is needless to point out that corruption by a public servant is an offence against the State and the society at large. The Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement holder. Therefore we hold that the High Court was completely in error in quashing the criminal complaint. 45. Comi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [email protected] had been maintained only by Tr.B.Shanmugam and not by any of the Personal Assistants of the Minister Tr.V.Senthil Balaji. Therefore, the argument that there is nothing on record to show that Shri Shanmugam was appointed as P.A. to the Minister, is to be stated only to be rejected. 47. Yet another contention raised on behalf of the respondents is that there are two other cases where allegations of corruption are made and that CC No.25 of 2021 with which we are concerned now, did not involve allegations of corruption. But the said contention is abhorring, for the simple reason that all criminal complaints arose out of the very same cash for job scam. We are informed that the proceedings in respect of those two cases have also been stayed by the High Court. We do not know how the High Court could have stayed prosecution of persons under the P.C. Act, especially in matters of this nature. 48. As a matter of fact, the State ought to have undertaken a comprehensive investigation into the entire scam, without allowing the accused to fish out one case as if it was a private money dispute. 49. The reliance placed by the respondents on an order passed by the Madu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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