✦ High Court of India · 22 Jan 2025

The High Court · 2025

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Bench
Not available
Length
1,609 words

Prosecutor, High Court of Telangana, at Hyderabad. 2 n Station House Officer, Economic Offences Wing-CCS, Cyberabad, Through its Public Prosecutor, High Court of Telangana, at Hyderabad. Mr. Bharath Vasireddy, S/o Mr. Satyanarayana,Age-58 years R/o 201, Phase 11, AK Enclave,Occ Business Rd. No.3, Banlara Hills, Hyderabad. ...RespondenUDe-facto Complainant Petition under Section 528 ol BNSS Act. 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to FIR No. 431 of 2019 on the File of Police Station Medchal currently investigated by Economic Offences Wing, CCS, Cyberabad and quash the same l.A. NO: 2 OF 2024 Petition under Section 359(2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased To permit Mr.Ramesh Pawle (GPA Holder), to record the compromise in the above case and quash the proceedings/complaint in FlR.No.431 of 2019 on the file of P.S. Medchal Station, or behalf of Accused No.2 to 4 in the interest of the justice l.A. NO: 3 OF 2024 BETWEEN: Mr, Bharath Vasireddy, S/o Mr. Satyanarayana,Age-s8 years R/o 201, Phase '1 1, AK Enclave,Occ Business Rd. No.3, Banjara Hills, Hyderabad. ...Petitioner/De-facto ComplainanURespondent No.3 in l.A.Nos.3 & 4 ot 2024 AND 'l . State of Telangana, Rep.by Police Medchal, Cyberabad Through its Public Prosecutor, High Court of Telangana, at Hyderabad.

2. Station House Officer, Economic Offences Wing-CCS, Cyberabad, Through its Public Prosecutor, High Court of Telangana, at Hyderabad.

3. Christoph Mueller, S/o Gerd Mueller, Aged 39 years, Occ- Foreign Director, R/o 1, Tanjong. 5198212, Jalan Tanjung Bungah,11200, Tanjung Bungah, Penang, Malaysia.

4. Andreas Walde, S/o Hans Willi Walde, Aged 51 years, Occ- Foreign Director, R/o. Karl Soemmer Street, 47 Kassel, Germany,34128. 5, Juergen Slegfried Stihl, S/o Stihl Berthold, Aged 62 years, Occ- Foreign Director, R/o Am Hang, 35 34212, Melsungen, Germany, 34212 (Petitioners 1 to 3 being Represented by the GPA holder Mr. Ramesh Pawle, S/o Sh. Namdev Ramakrishna Pawle, Aged 54 years, Occ- Plant Head Oyster Medisafe Private Limited, R/o 555, Plot No 43. Swarnadhamnagar, Bowenpally, Hyderabad, 50001 1. ...Respondents/Accused No.2 to 4/Petitioner in l.A.Nos.3 & 4 ol 2024 Petition under Section 359(6) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the Higrh Court may be pleased to permit the Petitioner to compound the offences under Section Sections 42O,465.468.471. 120b rlw.34 of IPC by permission to compromise the proceedings/complaint in FIR No.431 of 2019 on the file of the P S Medchal Station, against the accused No.2 to 4 in interest of the justice. r.A. NO: 4 OF 2024 petition under section 359(2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to record the compromise the proceedings in in crl.P.No. _ of 2024 and quash the proceedings/complaint in FIR No.431 of 2019 on the file of P S' Medchal Station, against the accused No.2 to 4 in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Bokaro Lokeshwar Reddy, Advocate for the Petitioner and the Additional Public prosecutor on behalf of the Respondent No.1 & 2 and of sri P snigdha Reddy, Advocate for the ResPondent No.3. The Court made the following: COMMON ORDER HON'BI,,E SMT. JUSTTCE ruWADI SRIDEVI l.A.Nos.3 and 4 of 2024 in/and CRIMTN AL PETTTION No.l 6430 of 2024 COMMO N ORDI]R: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos'2 to 4 to quash the proceedings against them in F.I.R'No'43 I of 2019 of Medchal Police Station, Cyberabad District, registered for the offences punishable under Sections 420, 465,468,471,120E rlw 34 of IPC. It is submitted by learned counsel appearing for the

2. petitioners as well as the respondent No'3, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I'A'Nos'3 and 4 of 2024 have been tlted to record the compromise between them and to compound the offences.

3. Vide order dated 08.01.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court 2 for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated 10.01.2025 andthe same is placed on record.

5. In view of the above, I.A.Nos.3 and 4 of 2024 are allowed. consequently, this criminal petition is alrowed and the proceedings against the petitioners/accused Nos.2 to 4 in F.I.R.No.43l of 2019 of Medchal police Station, Cyberabad District, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR I I SEC ION OFFICER To,

1. The XXll Additional Metropolitan Magistrate at Medchal' Cyberabad 2. The Station House Officer, Medchal Police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. The High court Legal Services Committee, High Court for the State of Telangana at HYderabad 5 One CC to Sri Bokaro Lokeshwar Reddy, Advocate [OPUC] 6 One CC to Sri P Snigdha Reddy, Advocate [OPUC] 7 Two CD Copies ADK/gh (1' atong with a copy of Joint Memo of Compromise HIGH COURT DATED:2210112025 COMMON ORDER l.A.Nos.3 and 4 of 2024 ln/and CRLP.No.16430 of 2024 c 3({ClY./ s 9il2 sllO t, I(J 't Yrs 3Hr + ) o C C)R T HE s}4 (J 10 Ftg Irffi l- * |'Aic * ALLOWING THE CRLP AND lA.NOs.3 & 4 OF 2024 1o ."nt'[ fr*, IN THE HON'BLE HIgH COURT OF TELANGANA AT HYDERABAD cRL.P.Nol6QJo oF 2024 (FIR No. 431 of 2019 on the file of P.S. Medchal) BETWEEN: l. Christoph Mueller, Foreign Director, Oyster Medisafe Privare Limited S/o Gerd Mueller, Aged39 years, R/o. l, Tanjong, 5198212, Jalan Tanjung Bungah, I 1200, Tanjung Bungah, Penang, Malaysia.

2. Andreas Walde, Foreign Director, Oyster Medisafe Private Limited, S/o Hans Willi Walde,Aged 5l years, R/o. Karl Soemmer Street 47 Kassel, Germany, 34128.

3.Juergen Siegfried Stihl, Foreign Director, Oyster Medisafe Private Limited, S/o Stihl Berthold, Aged 62 years, R/o. Am Hang, 35 34212, Melsungen, Germany,34212 AND

1. State of Telangana, Rep.by Police Medchal, Cyberabad, Through its Public Prosecutor, High Court ofTelangana, at Hyderabad tV .....Petitioner/Accused No. 2, j, 4 .r5].

2.Station House Offi cer, Economic Offences Wing_CCS, Cyberabad, Through its public prosecutor, High Court ofTelangana, at Hyderabad

3.1[r. Bharath Vasireddy, S/o Mr. Safyanarayana , A}a Rio 201, phase I l, AK Enclavefi'fareess Rd. No .3, Banjara H i I ls, Hyderabad. .... Respondents/de_facto complainant s8 tcars \ \ 1'' It is submitted that the captioned petition was fired by petitioners herein praying thar rhc Hon,ble Court may be pleased to quash,*il. ;;;;; 2019 on the filc of p.S. Medchal and to pass such other ";;"; ". as this Hon,ble Court deems fit in the facts and circumstancr. *r", "r;";;;" 2' It is submitted that the offences were registered against petitioners other accused arrayed in the Complaint, in capacity of directors of oyster Medisafe Pvt. Ltd. (,.Companv,,).

3. It is submitted that the petitioners and 3.d Respondent have agreed on the terms of understandi ng by which the de_facto complainant will not file an further cases agains t the Companv/peririoners in the future and will not pursue the present criminal case as a compromise has been arrived between vide Settlement Acreement dt.26_06_2024.It is submitted that in the above said criminal petitio n, the 3.d respondent who is defacto_complainant in the ssue and has entered into Compromise vide Settlement case has settled the i v .W^fl. Agreement dt.26-06-2024. That the 3'd respondent is willing to compromise/quash the FIR No. 431 of 2019 on the file of P.S. Medchal and to that ellect the defacto-complainant is filing affidavit before rhis Hon'ble court. It is submitted that in view of the settlement between the parties the matter may be closed by allowing the quash petition and either of the parties have no objection and claims or rights against each other in the luh.re. . It is therefore prayed that this Hon'ble court may be pleased to consider the affidavit of the Petitioners and record the comproniise and allow the Criminal petition in the interest ofjustice and pass such othff order or orders as it deems fit and proper in the circumstances of the case. N^Sl. Petitioners/Accused No. 2 to 4 3rd Resp acto Complainant M Counsel for Petitioner Counsel fo the 3'd Respondent I I

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