HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8817 of 2009 ORDER: This Criminal Petition is filed by the petitioners-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in Crime No.917 of 2009 of Panjagutta Police Station, Hyderabad, registered for the offences under Sections 403, 406, 420 r/w 34 IPC and 120-B IPC. It is submitted by the learned counsel for the petitioners as well as the 2nd respondent-defacto complainant company that during pendency of the Criminal Petition, the matter is settled out of Court between the parties. Therefore, they prayed to quash the crime. The Authorised Signatory of the 1st petitioner company and the Senior Manager (Legal) and Authorised Signatory of the 2nd respondent company are present before this Court. The Senior Manager (Legal) and Authorised Signatory of the 2nd respondent company produced his identity and the same is verified by the learned Additional Public Prosecutor. He stated that the matter is settled out of Court between the parties amicably and therefore they intend to withdraw the criminal proceedings pending against the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. He also filed an affidavit before this Court which runs as follows: “I am the Senior Manager (Legal) and Authorised Signatory of M/s. Rain Commodities Limited, a company incorporated under the Companies Act, 1956 having its registered office at Rain Center, 34- Srinagar Colony, Hyderabad, and as such I am well acquainted with the facts of this affidavit and able to depose as under: I representing the company have filed a private complaint under Section 200 of Cr.P.C. before the learned XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad against the petitioners herein for the offences under Sections 403, 406, 420 r/w 34 and 120-B IPC. That the learned Magistrate took cognisance of the offence and referred the complaint to the police under Section 156(3) of Cr.P.C. On receipt of the above complaint, the police, Punjagutta, Hyderabad, registered a case in crime No.917 of 2009 dated 22.08.2009 for the above offences. As against the above registered crime No.917 of 2009, the petitioners herein filed the present criminal petition and obtained interim stay of all further proceedings including stay of arrest of the petitioners, vide its order dated 28.10.2009. Subsequently, the petitioners and Rain Commodities Ltd. I.e. the defacto complainant have settled the disputes amicably and accordingly entered into a Share Sale and Purchase Agreement (SPA) dated 01.12.2010. The contents of the SPA made be read as part of this affidavit. That pursuant to the above settlement, we do not want to pursue the criminal proceedings in FIR No.917 of 2009 dated 22.08.2009 on the file of the SHO, Panjagutta, Hyderabad. It is therefore prayed that this Hon’ble Court may be pleased to quash the proceedings in FIR No.917 of 2009 pending before the SHI, Panjagutta P.S., Hyderabad, for the offences under Sections 403, 406, 420 r/w 34 and 120-B IPC and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” The learned Addl. Public Prosecutor submitted that there is no objection to quash the crime inasmuch as both the parties settled the matter amicably. In the light of the settlement arrived at between the parties, this Court is of the view that the proceedings in the crime can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.917 of 2009 of Panjagutta Police Station, Hyderabad, are hereby quashed. __________________ RAJA ELANGO, J 25th January, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8817 of 2009 (Allowed) 25th January, 2011 CBS