Criminal Case Quashed After Settlement: Supreme Court’s Ruling in Rajeev Kothari Case
The case of Rajeev Kothari v. The State of West Bengal & Anr. revolves around the Supreme Court’s decision to quash criminal proceedings after the parties reached a settlement. The appellant, Rajeev Kothari, had approached the Court under Section 482 of the Code of Criminal Procedure (CrPC) seeking to quash the pending criminal case against him, which was denied by the High Court. However, the Supreme Court intervened and ruled in favor of the appellant.
Background of the Case
The case was based on GR Case No. 634 of 2001, which was pending before the Metropolitan Magistrate, 4th Court, Kolkata. The appellant was charged under Sections 406 (criminal breach of trust), 420 (cheating), and 120B (criminal conspiracy) of the Indian Penal Code (IPC). However, during the proceedings, the parties reached an amicable settlement outside the court, leading the appellant to seek quashing of the charges against him.
Arguments by the Petitioner
The petitioner, Rajeev Kothari, contended that:
- The dispute between the parties had been settled amicably outside the court.
- Since the complainant had resolved the matter, there was no need to continue with the criminal proceedings.
- The continuation of the case would serve no purpose and would only burden the judicial system.
Arguments by the Respondent
Despite being served notice, the second respondent, who was the complainant in the case, did not appear before the Supreme Court. The State, however, argued that the trial was already in progress and that criminal proceedings should not be quashed merely because of a settlement.
Observations by the Supreme Court
The Supreme Court noted that:
“Now that the parties have settled their disputes outside the court, we do not find that there is any need for the criminal proceedings to continue any further, since in any case, the trial court will have to take into consideration the settlement.”
The Court observed that criminal cases arising from private disputes, particularly those involving financial matters, may be quashed if the complainant and accused reach a fair settlement. However, cases involving heinous offenses such as murder, rape, and dacoity cannot be quashed on the grounds of compromise between parties.
Final Judgment
The Supreme Court ruled in favor of the appellant and quashed the criminal proceedings, stating that:
- The case had been amicably resolved between the parties.
- There was no reason to continue the trial when both parties had settled the matter outside the court.
- Proceedings in GR Case No. 634 of 2001 before the Metropolitan Magistrate, 4th Court, Kolkata were quashed.
The appeal was allowed, reinforcing the principle that courts may quash criminal cases if the dispute is private and has been amicably settled between the parties.
Petitioner Name: Rajeev Kothari.Respondent Name: The State of West Bengal & Anr..Judgment By: Justice Kurian Joseph, Justice Hemant Gupta.Place Of Incident: Kolkata, West Bengal.Judgment Date: 16-11-2018.
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