Encroaching into the right of the other organ of the government would tantamount to clear violation of the rule of law, which is one of the basic structures of the Constitution of India, the Bench said.
The Supreme Court, in CBI vs. Sadhu Ram Singla, has observed that judicial restraint need to be observed while quashing criminal cases of non-compoundable nature on the basis of settlement arrived between the parties.
“Encroaching into the right of the other organ of the government would tantamount to clear violation of the rule of law, which is one of the basic structures of the Constitution of India,” observed the bench comprising Justice Pinaki Chandra Ghose and Justice Amitava Roy while dismissing an appeal by the Central Bureau of Investigation.
The appeal was preferred by the CBI against the Punjab and Haryana High Court order quashing an FIR in cheating and forgery case on the basis of a compromise arrived between the accused and the complainant bank. The CBI, relying on Manoj Sharma vs. State & Ors, contended that since the offence is a non-compoundable nature, it was not a legitimate exercise of judicial power to direct compounding of a non-compoundable offence.
However, the bench observed that, in the instant case, continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of court and an exercise in futility since the trial would be prolonged and ultimately, it may end in a decision which may be of no consequence to any of the parties. The bench though dismissed the appeal, said it would be proper to keep the said point of law open.
Read the Judgment here.