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Supreme Court of India 2021-10-20 allowed

Jaswant Singh vs State of Punjab & Anr

Bench: 2 — Dinesh Maheshwari, Vikram Nath

In Brief

A non-resident Indian was declared a proclaimed offender in criminal proceedings for alleged cheating and breach of trust in connection with a foreign employment arrangement. The main accused (who directly received money from the complainant) settled with the complainant, and the offence was compounded, resulting in closure of proceedings against him. The High Court declined to quash the proceedings against the appellant solely because his name appeared in the FIR. The Supreme Court allowed the appeal, holding that where a criminal case has predominantly civil flavour (arising from commercial/mercantile transaction), all parties have settled the dispute, and the main accused's proceedings have been closed, continuation of proceedings against other accused without direct allegations against them constitutes abuse of process and continuation should be quashed to secure ends of justice.

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Criminal Procedure Inherent Powers of High Court Abuse of Process Criminal Cases with Civil Flavour Section 482 CrPC Cheating and Breach of Trust Proclaimed Offender Compounding of Offences Non-Resident Indians

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