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Supreme Court of India 2018-01-19 allowed

Anita Maria Dias & Anr vs State of Maharashtra & Anr

Bench: 2 — A.K. Sikri

In Brief

An investment dispute between Platinum Buildcon and Karl Logistics arose when post-dated cheques issued for Rs. 1.46 crores were dishonoured. The complainant initially filed an FIR alleging fraud and cheating. However, after negotiations, both parties settled the matter, with the accused paying Rs. 1.42 crores (including interest on earlier deposit) plus Rs. 5 lakhs. Both parties then jointly sought quashing of the FIR under Section 482 CrPC. The High Court refused, citing procedural defects. The Supreme Court allowed the appeal, holding that in commercial disputes settled freely by both parties at an early investigative stage, the High Court should quash the proceedings to prevent oppression of the accused and serve the ends of justice."

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Criminal Law Criminal Procedure Fraud Quashing of FIR Settlement of Criminal Cases Negotiable Instruments Inherent Jurisdiction

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