HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.577 OF 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 to 4, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in Crime No.162 of 2010 of Central Crime Station, Cyber Crimes Cell, Lakdikapool, Hyderabad, registered for the offences under Sections 43 and 65 of the I.T. Act and Sections 120-B, 419 and 420 of IPC. It is submitted by the learned counsel for the petitioners as well as the 1st 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 Company Secretary of the 1st respondent company are present before this Court. The Company Secretary of the 1st 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 Company Secretary of the 1st respondent/defacto complainant company in the above criminal petition and as such I am well acquainted with the facts of the case and I am authorised to depose as under. This respondent made a complaint since Solugenix and/or its personnel were using the identity of an executive of Owens & Minor Inc. (O&M), a company to whom M/s. Bodhtree was providing services. Later, we were informed by O&M that it had authorised M/s. Solugenix and its personnel to access O&M’s data being hosted by Bodhtree. The fact of such authorisation was not known to us when we filed the complaint. In course of protracted discussions with O&M, we were made aware that it had authorised M/s. Solugenix and its personnel to access the data. Several other outstanding issues we had with O&M Inc were also clarified and sorted out in the discussions. In view of the above facts and circumstances, we have also approached the 2nd respondent seeking to withdraw the complaint filed by us and accordingly a letter dated 23.12.2010 was also given to 2nd respondent. A true and correct copy of the letter to 2nd respondent dated December 23, 2010 is annexed hereto as Exhibit A. Further, the said complaint was only filed because of the misunderstanding and due to lack of information between ourselves and O&M Inc. Respondent No.1 hereby agrees that for all of the reasons above and those stated in Exhibit A, the criminal complaint be quashed. Respondent No.1 has agreed to assist in having the criminal complaint quashed or dismissed, but respondent No.1 has only done so for the reasons stated in this affidavit and Exhibit A hereto. Respondent No.1 reserves its rights to contest any allegations or legal arguments other than those set forth herein or in Exhibit A. Respondent No.1 and petitioner No.1 have further agreed that each party should bear its respective costs and attorney’s fees in this action. In view of the above, it is therefore prayed that the Hon’ble Court may be pleased to allow the petition filed by the petitioners to quash the proceedings and pass such other order or others as this Hon’ble Court deems 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.162 of 2010 of Central Crime Station, Cyber Crimes Cell, Lakdikapool, Hyderabad, are hereby quashed. __________________ RAJA ELANGO, J 25th January, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.577 OF 2011 (Allowed) 25th January, 2011 CBS