Prosecution Quashed After Compounding Fee Paid: 40-Year Delay Violates Article 21 – Jyotsana Investments v. R.K. De (Calcutta HC)
Can prosecution survive after a compounding fee is paid? In Jyotsana Investments Co. Ltd. v. R.K. De, the Calcutta High Court examined a prosecution delayed for nearly 40 years and held that continuing the criminal proceedings after compounding, in the circumstances of the case, violated Article 21. The ruling highlights the importance of delay, compounding and the right to a fair and timely legal process.