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2015 (3) TMI 653 - HC - Indian LawsCriminal Complaint under Section 138 of the Negotiable Instruments Act - Amount in dispute already paid - Amicable settlement - Held that:- From the records of the case, I find this is not a case wherein the offence for which the petitioners have been charged can ‘stricto sensu’ termed to be an offence against the State. Even otherwise, taking into consideration the fact that the complainant /respondents do not want to pursue the case, therefore, possibility of conviction of the petitioners is not only remote but impossible. Therefore, this is a case where the continuation of criminal case against the petitioners would put the petitioners to great oppression and prejudice and extreme injustice would be caused to them by not quashing the criminal case. This court is not powerless in such situation and adequate powers have been conferred upon it, under section 482 Cr.P.C. (hereinafter referred to as the Code) for accepting the settlement entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/ and to prevent abuse of the process of any court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. The law on this subject has been summed up in a recent judgment of the Hon’ble Supreme Court in Narinder Singh & Ors. [2015 (2) TMI 1042 - SUPREME COURT]. The parties have already reached an amicable settlement and at best it was the complainant, who could be said to be affected and aggrieved party, but herein even the affected and aggrieved party i.e. complainant is not interested to pursue the complaint and does not want to hold the petitioners responsible for the offence under the Act. Therefore, quashing of the complaint initiated at the instance of the respondent/complainant would be a step towards securing the ends of justice and to prevent abuse of process of the Court. Keeping in mind the aforesaid exposition of law, it is clear that the facts of this case do not in any manner fall within the exception culled out by the Hon’ble Supreme Court in Narinder Singh case. - Accordingly Criminal complaint quashed.
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