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TMI Blog2018 (1) TMI 1742X X X X Extracts X X X X X X X X Extracts X X X X ..... including PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND ORS VERSUS STATE OF GUJARAT AND ANR. [ 2017 (10) TMI 1194 - SUPREME COURT] and GIAN SINGH VERSUS STATE OF PUNJAB ANOTHER [ 2012 (9) TMI 1112 - SUPREME COURT] . This appeal succeeds and is allowed and proceedings lodged with Chatushrungi Police Station, Pune, Maharashtra are hereby quashed - Appeal allowed. - Hon'ble Judges A.K. Sikri and Ashok Bhushan, JJ. For Appellant : Sandeep S. Deshmukh and Madhusudan Sambyal, Advs. For Respondents : Mukesh Kumar Singh, Brajesh Pandey, Shekhar Kumar, Nitesh Anan and Dinesh Kumar Garg, Advs. JUDGMENT A.K. Sikri, J. 1. Delay condoned. Leave granted. 2. Respondent No. 2 is the complainant who has lodged the FIR against the Appellants b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 200 per tonne whichever is maximum. All payments were to be made through M/s. Consistent and the entire amount was to be paid within one week time from signing of the MoU. M/s. Karl Logistics also extended security Cheque No. 208225 drawn on State Bank of India of Rs. 2.40 crores in advance to M/s. Consistent, who was to act as insurance for both the parties. 3. According to the Appellants, in breach of the MoU dated November 28, 2011 and, more particularly, in violation and defiance of the term requiring Respondent No. 2 to pay the entire amount of Rs. 1.50 crores within one week from the signing of the MoU, Respondent No. 2 deposited the amount with M/s. Consistent in several instalments. Further, Respondent No. 2 did not deposit the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s granted by the High Court of Judicature at Bombay. In the meantime, the parties started negotiating with each other. These settlement talks were fructified into a settlement dated November 2, 2012 when consent terms came to be executed between the parties. As per this settlement, the Appellants were required to deposit an amount of Rs. 1,42,50,000/- in two instalments with the Registry of the High Court and this amount was to be invested in Fixed Deposits/Bonds, pending trial. 5. In accordance with the said settlement, the Appellants deposited Rs. 87 lakhs in the Registry of the High Court. As the Appellants were not in a position to deposit further amount as agreed, due to their precarious financial condition, they approached Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2 has no objection if the proceedings arising out of the aforesaid FIR are quashed. We find that the matter is settled by the complainant out of his free will. 7. In a case like this, where the proceedings are still at initial and nascent stage, the High Court should have exercised its discretion in quashing the proceedings. Law in this behalf is well settled by catena of judgments of this Court including Parbatbhai Aahir and Ors. v. State of Gujarat and Anr. (2017) 9 SCC 641 and Gian Singh v. State of Punjab and Anr. (2012) 10 SCC 303. We may also quote the following passage from the case of Narinder Singh and Ors. v. State of Punjab and Anr. (2014) 6 SCC 466: 29. In view of the aforesaid discussion, we sum up and lay down the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the Accused to great oppression and prejudice and extreme injustice would be cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the settlement between the parties is going to result in harmony between them which may improve their future relationship. 29.7. While deciding whether to exercise its power Under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge-sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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