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TMI Blog2024 (10) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court should exercise its powers under Section 482 CrPC for giving an end to the criminal proceedings. It is held that the possibility of conviction in such cases is remote and bleak and as such, the continuation of the criminal proceedings would put the accused to great oppression and prejudice. Appeal allowed. - B. R. GAVAI And K. V. VISWANATHAN , JJ. JUDGMENT B. R. GAVAI , J. 1. Leave granted. 2. The present appeals challenge the final orders dated 4th July 2023 passed by the High Court of Orissa at Cuttack in CRLMC No. 34 of 2022 and in CRLMC No. 33 of 2022, vid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y with the other accused persons. At that time, Surjit Sen and Kaushik Nath Ojha were the Directors of M/s Indo Global Projects Ltd., Bhubaneswar ( IGPL for short) and the appellants herein were Partners in M/s Clarion Travels, Bhubaneswar ( Clarion Travels for short). 3.3 It was also alleged in the F.I.R. that on 20th November 1998, a loan application was submitted on behalf of Clarion Travels for the purpose of securing funds to purchase new cars. The loan application was signed by the present appellants on behalf of Clarion Travels. Against the said loan application, on 17th December 1998, Ajay Kumar Behera sanctioned a loan of Rs. 8,40,000/- without keeping any security or post-dated cheques. No repayment was ever made, and Ajay Kumar B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 28 of 2002 in the Court of Special Judge (CBI), Bhubneswar. 3.7 On 27th August 2002, the CBI filed the charge-sheet in the trial Court against all the accused persons, including the present appellants, for offences punishable under Sections 120B, 420, 468, 471 of IPC and Sections 13(2) read with 13(1)(d) of PC Act. 3.8 Vide order dated 2nd September 2002, the trial Court took cognizance and issued summons to the accused persons. 3.9 The Bank also filed two Original Applications being O.A. No. 53 and 57 of 2004 before the Debt Recovery Tribunal, Cuttack ( DRT for short) for recovery of dues in respect of the loans advanced to IGPL and Clarion Travels. In the proceedings before the DRT, IGPL and Clarion Travels reached a One-Time-Settlem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 416 of 2024 (Accused No.5) are women. Accused No. 4 is the wife of Surojit Sen, who was Accused No.2. Accused No. 5 is the wife of the brother of the Accused No. 2. Both the appellants had no active role to play and have been roped in as they are related to the Accused No.2. 6. Shri Naidu further submits that in the proceedings before the DRT, the firm run by the appellants reached to an amicable settlement with the Bank, which was accepted, and the entire debt was discharged on 31st January 2011. An amount of Rs.7,50,000/- was deposited with the Bank as a full and final settlement of the Bank s dues. 7. It is further submitted that OA before the DRT was disposed of on 3rd May 2011 in light of the settlement and, therefore, the continuance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present case are not in dispute. It is not disputed that the matter has been compromised between the borrowers and the Bank. It has also not been in dispute that, upon payment of the amount under the OTS, the loan account of the borrower has been closed. 12. Therefore, the only question would be, as to whether the continuation of the criminal proceedings against the present appellants would be justified or not. 13. At the outset, we may state that we are only considering the cases of two women i.e. Accused Nos. 4 and 5, wherein Accused No.4 is the wife of Accused No.2. It is also not in dispute that the original Accused Nos. 2 and 3 have since died. 14. By a separate judgment of the even date in Criminal Appeal arising out of Specia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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