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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 ..... ushrungi Police Station, Pune, Maharashtra for the offence punishable Under Sections 406, 420, 467, 471 and 34 of Indian Penal Code (IPC). The Appellants are original Accused Nos. 2 and 3 in the said criminal proceedings. They are the Directors of M/s. Karl Logistics (for short 'said Company'), a company registered under the provisions of Companies Act, 1956 and is engaged in the business of logistics and iron ore supply and equipped with all necessary approvals and registrations for doing the business. Said Company also had legal authority to load and unload the iron ore and, for that purpose, the Government of Goa had allocated a plot at Kothambi vide letter No. 111/435/2010-Mines/2214. M/s. Consistent was doing business with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 1.46 crores. According to Respondent No. 2, since no positive response was received as per the MoU, he tried to pursue Mr. Birajdar as well as the Appellants for compliance of the MoU and return of money. Accordingly, two post dated cheques were issued by the Appellants viz. Cheque No. 208255 dated February 6, 2012 and Cheque No. 208256 dated February 10, 2012 for an amount of Rs. 60 lakhs and Rs. 1.46 lakhs respectively. It is contended that the said cheques are signed by Appellant No. 1 and the Appellants assured that these would be honoured on the due dates mentioned thereupon. According to Respondent No. 2, he deposited Cheque No. 208255 on December 6, 2012 with his banker, however, the same was returned and when the Appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eciding the dispute once and for all. Discussions ensued and the parties were again successful in settling the matter. It was agreed that Respondent No. 2 would be entitled to withdraw the deposited amount of Rs. 87 lakhs along with interest accrued thereon and, in addition, the Appellants would also pay a further sum of Rs. 5 lakhs. It was also agreed that both the parties would approach the High Court invoking its inherent jurisdiction for quashing the FIR lodged by Respondent No. 2 against the Appellants. To this end, the Appellants as well as Respondent No. 2 filed the petition Under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of FIR. However, it has been dismissed by the High Court primarily on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be guided in giving adequate treatment to the settlement between the parties and exercising its power Under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings: 29.1. Power conferred Under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences Under Section 320 of the Code. No doubt, Under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the criminal cases. 29.6. Offences Under Section 307 Indian Penal Code would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 Indian Penal Code in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 Indian Penal Code is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge Under Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power Under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come to a conclusion as to whether the offence Under Section 307 Indian Penal Code is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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