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New Delhi: There is no illegality in quashing proceedings in matrimonial and civil property disputes if the parties have reached a compromise and there are no chances of conviction but the same would not apply in serious offences like rape, murder and robbery, the Supreme Court has said.
"We are of the view in 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," a bench headed by SJ Mukhopadhaya said.
"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," it said.
The court passed the order on an appeal filed an International Numismatic Company challenging Madras High Court's order refusing to quash criminal proceedings against it for allegedly non-issuance of numismatic gold coin after receipt of money from one of its customer.
It pleaded that the High Court erred in not quashing the proceeding as it had come to a compromise with the complainant.
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