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.
Article referred: http://www.livelaw.in/observe-judicial-restraint-quashing-non-compoundable-criminal-cases-sc/
“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.
Article referred: http://www.livelaw.in/observe-judicial-restraint-quashing-non-compoundable-criminal-cases-sc/
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