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2017 (3) TMI 336 - HC - Indian LawsComplaint case under Section 138 NI Act - effect of settlement - Held that:- Once the parties have settled their disputes and have arrived a settlement, the same should be given effect in entirety and should be treated as a solemn settlement. 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, arrived at between the parties, are also required to be complied with. Since one of the terms of the settlement arrived at between the parties i.e. clause 7 notes that there was no criminal or civil cases instituted by Rakesh Kapoor pending before any Court and if any such case is brought to the notice of Rakesh Kapoor, the same shall be withdrawn by making an appropriate application before the concerned court and that on the same set of allegations for which the above noted FIR was registered and a complaint case under Section 138 NI Act is filed, the charge sheet has been filed, the same is liable to be quashed in view of the settlement arrived at between the parties and the respondent No.2 having taken the benefit of the settlement. Consequently, FIR No. 1111/1998 under Sections 420/467/468/471 IPC registered at PS Kalkaji, Delhi and the proceedings pursuant thereto are hereby quashed.
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