TMI Blog2017 (2) TMI 1530X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Rule of law which is one of the basic structure of the Constitution of India. Considering the law relating to the continuance of criminal cases where the complainant and the Accused had settled their differences and had arrived at an amicable arrangement, there is no reason to differ with the view taken in Manoj Sharma's case [ 2008 (10) TMI 690 - SUPREME COURT ] and several decisions of this Court delivered thereafter with respect to the doctrine of judicial restraint. In concluding hereinabove, we are not unmindful of the view recorded in the decisions cited at the Bar that depending on the attendant facts, continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atinda (Punjab), which is Respondent No. 3 herein, (hereinafter referred to as the Respondent-company ) was dealing with State Bank of Patiala, Bhatinda (City) Branch (for short the Bank ) since 1976 and was availing the credit limits from a consortium of banks with the Bank as leader and enjoyed total fund based credit limits from the banking system to an extent of Rs. 31,500.00 lacs in March, 1996. However, in the year 1996, due to destruction of stocks consisting of Deoilded Cakes lying at Bedi Port, Jamnagar in a cyclone storm that hit Bedi Port, Jamnagar on 19/20 June, 1996, it claimed to have suffered heavy loss to the extent of Rs. 38.08 crores. The destruction of stocks could not be corroborated by any evidence. The Respondent-com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Bank, through which sums of Rs. 6 crores and Rs. 1.25 crores were deposited by the Respondents and acknowledged by the Bank vide letter dated 11.11.2009. Thereafter the Bank released the securities and guarantees of the Respondents, withdrew the recovery proceeding pending in the DRT and stated vide the aforesaid letter dated 11.11.2009 that nothing was due from the Respondents to the Bank. An application filed by Respondent No. 1 for compounding of offences Under Section 320(2) of Indian Penal Code, was dismissed by the Trial Court on the ground that Section 471 read with 468 of Indian Penal Code is a non-compoundable offence. 6. Thereafter, the Respondents approached the High Court, invoking its power Under Section 482 of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no reply was filed. We have also taken notice of the fact that the High Court while quashing the said FIR and consequential proceedings, has relied on the Full Bench judgment of that High Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (4) CTC 769, in which reliance was placed on the judgment delivered by this Court in the case of Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and Ors. (1980) 1 SCC 63. 9. Learned Additional Solicitor General appearing for the CBI has drawn our attention to the decision of this Court in Manoj Sharma v. State and Ors. (2008) 16 SCC 1, wherein it was observed by this Court: 22. Since Section 320 Code of Criminal Procedure has clearly stated which offences are compounda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r strengthen the marrows of the unscrupulous litigations. Such a situation should never be conceived of. 11. Further reliance was placed on the decision of this Court in the case of Central Bureau of Investigation v. A. Ravishankar Prasad and Ors. (2009) 6 SCC 351, wherein it was held: 39. Careful analysis of all these judgments clearly reveals that the exercise of inherent powers would entirely depend on the facts and circumstances of each case. The object of incorporating inherent powers in the Code is to prevent abuse of the process of the court or to secure ends of justice. 12. Lastly, reliance was placed upon another judgment of this Court in Central Bureau of Investigation v. Maninder Singh (2016) 1 SCC 389, wherein it was he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fellowship or reunion. 27. The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything; except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320(9) of the Code of Criminal Procedure or any other such curtailment, can whittle down the power Under Section 482 of the Code of Criminal Procedure. 14. Since the present case pertains to the crucial doctrine of judicial restraint, we are of the considered opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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