VidhiSangh

Supreme Court of India · 03/10/2024

K. BHARTHI DEVI AND ANR. versus STATE OF TELANGANA AND ANR.

[2024] 10 S.C.R. 650 · 2024 INSC 750

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court quashed CBI proceedings for conspiracy, cheating and forgery of mortgage title documents against two accused, wives of the principal borrowers, holding that the dispute arose from a bank loan with a predominantly civil flavour, the borrowers had settled with the bank through a one-time settlement recorded by the DRT, conviction was remote and bleak, and the specific role in the chargesheet was attributed only to Accused No. 1.

Issues

  1. Whether criminal proceedings for offences including non-compoundable offences arising from a bank loan transaction can be quashed under Section 482 CrPC after the borrowers have fully settled with the bank.
  2. Whether continuation of the prosecution against the appellants, wives of Accused Nos. 1 and 2, was justified after the one-time settlement and closure of the loan account.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 01.09.2017 in Criminal Petition No. 5778 of 2016 set aside; criminal proceedings against the appellants in C.C. No. 16 of 2014 before the Principal Special Judge for CBI Cases, Nampally, Hyderabad quashed.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 650.