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Showing posts with label GOLD QUEST INTERNATIONAL PRIVATE LIMITED. Show all posts
Showing posts with label GOLD QUEST INTERNATIONAL PRIVATE LIMITED. Show all posts
Sunday, September 21, 2014

GOLD QUEST INTERNATIONAL PRIVATE LIMITED - Quashing of FIR on compromise - when can be considered as judicious - complaint as the company failed to give Numismatic Gold coin on payment of membership - single judge quashed all criminal cases on compromise - D.B. set aside the order - Apex court held that we are of the view in the disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 Cr.P.C. read with Article 226 of the Constitution. However, the same would not apply where the nature of offence is very serious like rape, murder, robbery, dacoity, cases under Prevention of Corruption Act, cases under Narcotic Drugs and Psychotropic Substances Act and other similar kind of offences in which punishment of life imprisonment or death can be awarded. After considering the facts and circumstances of the present case, we are of the view that learned Single Judge did not commit any error of law in quashing the FIR after not only the complainant and the appellant settled their money dispute but also the other alleged sufferers entered into an agreement with the appellant, and as such, they too settled their claims. we are of the opinion that the impugned order dated 7th March, 2008 passed by the Division Bench of the High Court in W.A.No.1178 of 2005 is liable to be set aside. Accordingly, the appeal is allowed, and the order dated 19th April, 2005 passed by the learned Single Judge in W.P. No. 26874 of 2003 stands restored.=CIVIL APPEAL NO.8546 OF 2014 (Arising out of S.L.P.(C) No.20066 of 2008) GOLD QUEST INTERNATIONAL PRIVATE LIMITED ……. APPELLANT VERSUS THE STATE OF TAMIL NADU & ORS. … .. RESPONDENTS = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41891

GOLD QUEST INTERNATIONAL PRIVATE LIMITED    -  Quashing of FIR on compromise - when can be considered as judicious -  complaint as the com...