Susheel Rathi & Anr. v. The State of AP

HONOURABL E SRI JUST ICE RAJA EL ANGO CRIMINAL PET IT ION No. 6872 OF 2010 ORDER: This Criminal Petition under Section 482 of Cr.P.C. is filed to quash the proceedings in Crime No. 39 of 2010 on the file of the Station House Officer, Police Station, Narayanaguda, Hyderabad. It is submitted by the learned Counsel for the petitioners as well as the learned Counsel for the second respondent that the matter is settled out of Court amicably and hence the proceedings pending before the Court below may be quashed. The affidavit filed by the G.P.A. Holder-cum- father of second respondent/complainant before this Court, reflecting the compromise settled between them, reads as follows: “ 1. I am the father of Mohd. Ismail and also his G.P. Holder and as such I am well conversant with the facts of the case and depose as under:

I submit that my son Mr. Mohd. Ismail is the defacto complainant in the above case and he lodge a complaint against the petitioners with Narayanaguda P.S. and it is in Cr.No. 39 of 2009 u/s. 420 IPC.

I submit that the matter is settled and compromised in between Mohd. Ismail and the petitioners herein and in pursuance of the same MOU dated 20.12.2009 was also executed and we received the amount from the petitioners herein.

I submit that as the matter is settled in compromise as such we do not want to proceed further in the matter against the petitioners herein and intends to withdraw the above case..” Today when the matter is posted for hearing, the learned Counsel appearing on either side submitted that inasmuch as the petitioners/Accused 1 and 2 and the second respondent/complainant settled the dispute amicably out of Court, the aforesaid proceedings pending before the Court below may be quashed. The father-cum-G.P.A. holder of the second respondent/defacto complainant is present before this Court in person and produced his identity. This Court perused the same. He stated before this Court that in view of the compromise arrived at, he intends to withdraw the criminal proceedings pending against the petitioners before the Court below with free will and consent, and, there is no coercion or undue influence from any other side for the same. The learned Public Prosecutor submitted that there is no objection to quash the aforesaid proceedings pending before the Court below in view of the amicable settlement reached between the parties to the lis. In view of the settlement arrived at between the parties, this Court is of the view that further continuance of the proceedings before the Court below may cause hurdle/prejudice to the parties herein and therefore they are liable to be quashed. Accordingly, proceedings in in Crime No. 39 of 2010 on the file of the Station House Officer, Police Station, Narayanaguda, Hyderabad are hereby quashed. The Criminal Petition is accordingly allowed. DATED 27th JULY, 2010. Msnr. ----------------------------------- JUSTICE RAJA ELANGO