Uttarakhand High Court
Criminal LawCriminal Procedure and Evidence

Criminal proceedings quashed where the mortgaged tractor remained with its owners and the bank loan was fully repaid.

SOMPAL SINGH vs STATE OF UTTARAKHAND

Uttarakhand High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Criminal proceedings quashed where the mortgaged tractor remained with its owners and the bank loan was fully repaid.. SOMPAL SINGH vs STATE OF UTTARAKHAND. Uttarakhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Bank alleged that a tractor purchased by borrower Rupa with a loan of ₹4,50,000 had been sold to an unknown person while the loan remained unpaid.

Source reference: para. 2

An FIR was registered under Sections 406 and 120-B IPC, followed by a charge sheet dated 29 February 2020 and a summoning order dated 4 December 2020.

Source reference: para. 4

Sompal Singh, who asserted that he was only a guarantor, sought quashing under Section 482 CrPC.

Source reference: para. 5

During the proceedings, the investigating officer reported that the tractor had been inspected at the registered owners’ residence and its identifying numbers matched the registration record.

Source reference: paras. 9–12

The Bank also confirmed that the entire loan had been paid.

Source reference: para. 13
02

Issues

1. Whether, in light of the tractor being found with its registered owners and the loan being fully repaid, continuation of the criminal proceedings against the applicant was warranted

Source reference: paras. 14–17

2. Whether the charge sheet, summoning order and proceedings against the applicant should be quashed under Section 482 CrPC

Source reference: paras. 2, 17–19
03

Law Applied

Section 482 of the Code of Criminal Procedure, 1973 preserves the High Court’s inherent power to make orders necessary to give effect to the Code, prevent abuse of the process of a court, or otherwise secure the ends of justice.

Source reference: para. 2

The alleged offences were under Sections 406 and 120-B of the Indian Penal Code, 1860; the Court considered whether the factual basis for those proceedings remained sustainable.

Source reference: paras. 14–17

No judicial precedents were cited or applied in the judgment.

Source reference: paras. 2, 14–17
04

Reasoning

The prosecution rested on allegations that the mortgaged tractor had been sold to an unknown person and that the Bank’s loan remained unpaid.

Source reference: paras. 14, 16

The investigating officer’s verification showed that the tractor remained with its registered owners and that its chassis and engine numbers matched the registration record; the State did not dispute this finding.

Source reference: paras. 9–12, 15

The Bank likewise confirmed full repayment.

Source reference: para. 13

On these circumstances, the Court held that the central factual basis of the prosecution was undermined and that continuing proceedings against the applicant would serve no useful purpose.

Source reference: paras. 15–17
05

Holding

The High Court allowed the application under Section 482 CrPC and quashed, qua Sompal Singh, the charge sheet dated 29 February 2020, the summoning order dated 4 December 2020, and the proceedings in Criminal Case No. 1510 of 2020 under Sections 406 and 120-B IPC.

Pending applications were also disposed of.

Source reference: para. 20
06

Acts & Sections Cited

3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19732

Indian Penal Code, 18601

Uttarakhand High Court

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SOMPAL SINGHvsSTATE OF UTTARAKHAND

Uttarakhand High Court · October 05, 2026

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