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SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya and N.V. Ramana, JJ.
Anil Jain and Ors. – Appellant
Vs.
State of Uttar Pradesh and Ors. – Respondent
Crl. A. No. 160 of 2015 (Arising out of SLP(Crl.) No. 497 of 2014)
Decided On: 22-01-2015
Indian Penal Code, 1860 - Sections 420,467, 468, 471, 406 and 120B - Code of Criminal Procedure, 1973 - Section 482 – Amicable settlement between parties – Sought for quash of proceedings - Criminal Conspiracy – Cheating - A joint application on behalf of Appellants and second Respondent has been filed enclosing copy of Settlement Deed, relevant portion of which reads as follows and Whereas parties hereto have decided to settle dispute leading to registration of aforesaid Case Crime and for purpose of quashing same either before Honble Supreme Court or High Court or Trial Court are reducing terms in writing for better understanding and record – Held, That parties agree that nothing in this shall be modified, altered, amended, or otherwise changed except upon written consent by each of parties hereto and said modification, alteration, amendment, or change otherwise shall also be reduced to writing and parties shall duly sign same with proper attestation of two witnesses and adhere to terms and condition as mentioned therein - This agreement constitutes entire agreement among parties, and there are no other understanding or agreements, written or oral, among them on subject - Parties do not intend to create in any other individual or entity status of a third party beneficiary, and this agreement shall not be construed so as to create such status - Rights, duties and obligations contained in this agreement and shall operate solely to benefit of parties to this agreement - That this Agreement as aforesaid has been executed and signed by parties voluntarily, after reading, understanding and thinking which shall and is acceptable and binding on all parties and their representatives and successors" – Appeal allowed.
JUDGMENT
1. Leave granted. The Appellants preferred this appeal against order dated 11.11.2013 read with order dated 9.12.2013 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No. 2625 of 2012. By the said order, the Court refused to entertain the petition filed by the Appellants Under Section 482 of the Code of Criminal Procedure.
2. On notices, apart from State of Uttar Pradesh, the complainant-Respondent No. 2 appeared in the Court. As the Appellants and the complainant intended to settle the dispute amicably, pursuant to their suggestion, this Court allowed the Appellants and the second Respondent-complainant to file a settlement agreement.
3. A joint application on behalf of the Appellants and the second Respondent has been filed enclosing the copy of Settlement Deed dated 14th January, 2015, the relevant portion of which reads as follows:-
"And Whereas the parties hereto have decided to settle the dispute leading to registration of aforesaid Check F.I.R. No. 816 of 2009 (Case Crime No. 1068 of 2009 and Criminal Crime No. 12175 of 2001 State v. Anil Jain and Ors.), Under Sections 420,467, 468, 471, 406 and 120B of the Indian Penal Code, 1860 at P.S. Sector 20, NOIDA, District Gautam Budh Nagar (Uttar Pradesh) and for the purpose of quashing the same either before the Hon'ble Supreme Court or High Court or Trial Court are reducing the terms in the writing for better understanding and record.
NOW THIS LEASE DEED WITNESSETH AS UNDER:-
1. The First Party till date had already paid following sum of money to the second party in respect of booking of the second party with the first party the details of payment already made is provided hereinbelow:-
| Sl. No. | Amt (Rs.) | Date |
| 1. | Rs.5,00,000/- | 1st June, 2010 |
| 2. | Rs.7,00,000/- | 5th September, 2011 |
| 3. | Rs.15,00,000/- | 20th September, 2011 |
| 4. | Rs.5,00,000/- | 17th March, 2011 |
| Total | Rs.32,00,000/- |
In view of the above total payment of Rs.32,00,000/- as stated above is already paid by the first party and received, admitted and acknowledged by the second party.
2. That total amount of full and final payment settlement amount is mutually agreed between the parties for Rs. 42,00,000/- (hereinafter referred to as "full and final settlement amount") out of which Rs.32,00,000/- stood paid by the first party to the second party as stated in para 1 above and balance amount of 10,00,000 (Rs. Ten lakhs only) as to last instalment for full and final settlement of all the claims of the Second Party, against the First Party or as well as against Mr. Ashok Kumar Tiwari and Mr. Ravish Kumar Mishra who were also named in said Check F.I.R. No. 816 of 2009 (Case Crime No. 1068 of 2009 and Criminal Crime No. 12175 of 2001 State v. Anil Jain and Ors.) but now resigned from company and not traceable, shall be paid conditionally in form of demand draft/banker's cheque before Hon'ble Supreme Court provided the Check F.I.R. No. 816 of 2009 (Case Crime No. 1068 of 2009 and Crime No. 12175 of 2001 State v. Anil Jain and Ors.). Under Section 420, 467, 468,471, 406 and 120B of the Indian Penal Code, 1860 at P.S. Sector 20 NOIDA, District Gautam Budh Nagar (Uttar Pradesh) is quashed by the Hon'ble Supreme Court under Special Leave Petition (Criminal) 497/2014 with the consent of the parties.
3. The Second Party assures that the no other legal heirs of late Shri Om Prakash Kapoor have any claim or objection to the present settlement in respect of the matters pertaining and incidental to the dispute regarding the aforesaid flat with the Second Party alone. The Second Party undertakes to settle all the claims of other legal heirs of his late father Shri Om Prakash Kapoor if any raised by any of his other legal heirs to the complete exclusion of the first party and further hereby agree to ke
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