Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Conviction and sentence—Petition for quashing of complaint case/proceedings—Ground of settlement—Where offence is predominantly private in nature and does not have a serious impact on the society as a whole then in such cases, the court may be of the opinion that a settlement between the parties would lead to better relations between them and thus court may exercise power under Section 482 of CrPC for quashing of proceedings or the complaint or the FIR as the case may be—Courts have to satisfy themselves that the settlement so entered into is within the four corners of law—This was a private dispute wherein the parties have reached at a amicable settlement out of their own free will and do not wish to pursue the case further—In view of terms of settlement between the parties, the criminal case and all the other proceedings emanating therefrom are quashed—Petition allowed. [Criminal Procedure Code, 1973, Section 482]
[Paras 6 to 9]
Decision : Petition allowed