2017 (3) TMI 336

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....ceedings pursuant thereto on the ground that the parties have settled the matter. 3. A perusal of the record would reveal that the respondent No.2 Rakesh Kapoor filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short the 'NI Act') wherein S.N. Bansal, petitioner No.1 was convicted. The conviction was upheld by this Court and S.N. Bansal thereafter approached the Hon'ble Supreme Court by filing special leave petition being SLP (Crl.) No.5036/2004. The SLP was dismissed by the Hon'ble Supreme Court on 15th October, 2004. After the SLP (Crl.) No.5036/2004 was dismissed by the Hon'ble Supreme Court, the parties entered into a settlement whereafter another special leave petition being SLP (Crl.) No.331/2005 was f....

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....POOR AND THE ACCUSED S.N. BANSAL PURSUANT TO THE DIRECTIONS OF THE HON'BLE SUPREME COURT BY ORDER DATED 28.1.2005. 1.  That the complainant Rakesh Kapoor and the accused S.N. Bansal have arrived at a settlement whereby the accused S.N. Bansal has paid certain amount and also a post-dated cheque to the complainant Rakesh Kapoor which was reported to the Hon'ble Supreme Court at the time of hearing of the Special Leave Petition on 28.1.2005. The parties made a joint prayer for permission to compound the offence for which the accused has been convicted under Section 138 read with Section 142 of the Negotiable Instrument Act. The Hon'ble Court directed the parties to file a joint Memo of Compromise supported by the affidavits of both th....

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....tlement between Rakesh Kapoor and S.N. Bansal, both parties are making a joint prayer before this Hon'ble Court to permit them to compound the offence of which S.N. Bansal has been convicted by judgment dated 25.10.2002 and confirmed by this Hon'ble Court by the dismissal of Special Leave Petition (Crl.) No.5036 of 2004 on 15.10.2004. 9. Both the parties have set down their hand on this document on this the 31st day of January, 2005 at New Delhi. Both the parties have also filed their respective affidavits in support of this Memo of Compromise. 5. In lieu of the claim of the respondent No. 2, the complaint was lodged for two cheque as according to Rakesh Kapoor one cheque was lost from the office of his counsel. The amount of the two ....

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....ors were troubling him and he was in dire need of money for which he sold his various properties as well, thus faced with these circumstances, he was compelled to settle the matter with the petitioners. 8. Thus the respondent No.2 compelled by his circumstances settled the matter and not under duress either from the petitioners or from the Court. On a query put to Mr.Rakesh Kapoor as to whether he was ready to restore the petitioners to status quo ante by refunding the amount received with interest thereon, he states that he is not in a position to restore the amount. 9. The Supreme Court in the decision reported as 2005 (3) SCC 302 Mohd. Shamim & Ors. vs. Nahid Begum (Smt.) & Anr. dealing with quashing of a FIR registered under Sections....

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....tlement that the parties had agreed to bury all their differences. The complainant was also facing criminal proceedings under Sections 498A/406/34, IPC and also under Section 125, Cr.P.C. He has been the beneficiary of the settlement inasmuch as the proceedings under Section 125, Cr.P.C. are withdrawn by Sarita and proceedings under Sections 498A/406/34, IPC are also quashed in view of the cooperation of Sarita. This being a complete package, the complainant cannot turn around and oppose the petition after he agreed for quashing of these proceedings at the time of mediation proceedings. There is another aspect which needs to be emphasized. The settlement was arrived at during mediation proceedings. The Legislature has amended Section 89 of ....

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....28/506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Accordingly, husband filed a petition before the High Court of Uttaranchal for quashing of the said complaint. In the said petition, High Court quashed the charge-sheet and the summoning order for want of territorial jurisdiction and transferred the investigations to the concerned Police Station. Wife preferred an appeal before the Supreme Court wherein criminal proceedings were quashed keeping in mind the settlement arrived at between the parties despite opposition of the wife. 12. Mr. Rakesh Kapoor who is present in Court, states that he cannot return back the money. Thus the respondent No.2 having taken the benefit of the settlement, the other terms of the settlement,....