- (1.) The moot question involved in this litigation is whether the Court is entitled to allow the parties to settle a dispute resulted in a criminal proceeding in respect of a cognizable offence and, if so, in what circumstance the precedents on the issue differ from case to case, however the majority view is in favour of the proposition.
(2.) Md. Rafique, the petitioner above named was the proprietor of M/s. Euro International. Md. Akram, Md. Koya and Anwar were also part of the said organization. The respondent no.2 V. Jayachandra lodged a complaint with the Police on December 10, 2004 at Karaya Police Station, Kolkata as against them. According to the said complaint, Jayachandra was associated with M/s. Sky Link Tours & Travels, Vellore, Tamil Nadu. Rafique contacted him and introduced himself as proprietor of M/s. Euro International. He had contacts with Government of India to send three hundred persons of different categories of job for Caspine Petroleum Project at Azarbijun and offered him to be his main recruiting agent. After negotiations, Jayachandra paid a sum of rupees ten lacs to Rafique at his Dubai office towards commission for recruitment and a further sum of rupees twelve lacs at their Kolkata office. Jayachandra, appointed two agents at Tamil Nadu and collected applications from three hundred persons with initial payment. He deposited those applications along with their PassPorts and requisite papers and sent those documents to Kolkata. Rafique arranged for VISA in favour of those three hundred persons which were later on turned as fake. Jayachandra contacted Rafique when he expressed his inability to send people at Azarbijun due to difficulty and promised to refund the money in due course. He issued cheques which were dishonoured for non-payment. On being cheated, Jayachandra made the complaint. He came to learn young persons all over India had been cheated in the same manner in the year 2003 and the amount covered by such cheating ran into crores. He alleged criminal conspiracy as against Rafique.
(3.) Acting upon the said complaint the Police arrested Rafique and his companions and charged them under Section 467/468/471/420 /120-B of the Indian Penal Code. During the pendency of the said criminal case the parties compromised. They entered into a Deed of Compromise dated March 10, 2010 whereby Rafique refunded a sum of rupees twenty two lacs in full and final settlement of the claim of Jayachandra. By the said Deed of Compromise Jayachandra agreed and undertook to withdraw his complaint lodged in Karaya Police Station referred to above. He also agreed not to oppose application for bail in connection with the said case.;