Indian Penal Code, 1860
Sections 406, 420 & 506—Cheating and criminal intimidation—Petition to quash FIR dismissed by the High Court—Appeal—Subsequent to filing of FIR there is an admitted settlement between the appellants and second respondent by a compromise deed by which as a full and final settlement between two parties, an additional amount were to be paid by the appellant, which has been duly given and accepted—Mere fact that the appellants have paid an additional amount pursuant to the settlement, cannot be presumed as an act of cheating—Allegations that complainant was coerced into a settlement, looks unlikely for two reasons, first there is no FIR or complaint that the complaint was coerced into this settlement, and secondly, additional amount was duly accepted by the complainant—Dispute between the parties was not only essentially of a civil nature but the dispute itself was stood settled later—No criminal intent found and consequently the case is nothing but an abuse of the process—Impugned order of High Court is set aside and criminal proceedings arising out of FIR in question stands quashed—Appeal allowed. [Criminal Procedure Code, 1973, Section 482]
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