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. 2An 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. 4Sompal Singh, who asserted that he was only a guarantor, sought quashing under Section 482 CrPC.
Source reference: para. 5During 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. 9–12The Bank also confirmed that the entire loan had been paid.
Source reference: para. 13Issues
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. 14–172. Whether the charge sheet, summoning order and proceedings against the applicant should be quashed under Section 482 CrPC
Source reference: paras. 2, 17–19Law 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. 2The 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. 14–17No judicial precedents were cited or applied in the judgment.
Source reference: paras. 2, 14–17Reasoning
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, 16The 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, 15The Bank likewise confirmed full repayment.
Source reference: para. 13On 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. 15–17Holding
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. 20Acts & 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
Original Court PDF
SOMPAL SINGHvsSTATE OF UTTARAKHAND
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