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Head Note

The Code of Criminal Procedure, 1973  - Section 482

Quashing of Criminal Proceedings - Forgery of Documents - Economic offences - Plea on behalf of the first respondent that she is a lady and she was following the command of her husband and signed the documents without being aware about the transactions entered into by the husband and nature of the business - Held that lack of awareness, knowledge or intent is neither to be considered nor accepted in economic offences - A person committing a murder or getting involved in a financial scam or forgery of documents, cannot claim discharge or acquittal on the ground of her gender as that is neither constitutionally nor statutorily a valid argument - The offence is gender neutral in this case - A grave criminal offence or serious economic offence or for that matter the offence that has the potentiality to create a dent in the financial health of the institutions, is not to be quashed on the ground that there is delay in trial or the principle that when the matter has been settled it should be quashed to avoid the load on the system - That can never be an acceptable principle or parameter - Impugned order passed by the High Court quashing the criminal proceedings liable to be set aside - Trial Magistrate directed to proceed in accordance with law.

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