HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.7499 of 2007 ORDER: This criminal petition is filed by the petitioners-accused seeking to quash the proceedings initiated against them in C.C.No.219 of 2005 on the file of the III Addl. Chief Metropolitan Magistrate, Hyderabad. 2. Facts of the case, in brief, are that the 2nd respondent herein filed a private complaint against the petitioners before the V Metropolitan Magistrate, Hyderabad, alleging the offences punishable under Sections 420 and 120-B of IPC. The learned Magistrate referred the complaint to S.R. Nagar Police Station, Hyderabad, for investigation and report. Having received the complaint, the police registered Crime No.616 of 2002. When investigation was in progress, the matter was settled out of court, and in pursuance of the settlement, the 2nd respondent addressed a letter to the Station House Officer, S.R.Nagar Police Station, Hyderabad, stating that the matter was compromised out of court by both parties and seeking to record the compromise in the final report and close the case against the petitioners. However, the police completed investigation and filed charge sheet against the petitioners for the offences referred to above and the same was taken on file as C.C.No.219 of 2005 on the file of the III Addl. Chief Metropolitan Magistrate, Hyderabad. The same is questioned in this Criminal Petition. 3. Learned counsel for the petitioners has submitted that both parties have entered into a compromise and in that regard the 2nd respondent addressed a letter to S.R. Nagar Police Station, Hyderabad, requesting to close the case against the petitioners. Inspite of the same, the police completed investigation and filed charge sheet. He further submitted that even according to the allegations made in the complaint, no offence is made out against the petitioners and the matter is purely civil in nature. Therefore, he prays to allow the Criminal Petition. 4. Learned counsel for the 2nd respondent-complainant has submitted that the 2nd respondent is no more the Executive Director of M/s. P.J. Agro Tech Limited, Hyderabad, and he retired from service on attaining the age of superannuation. 5. The facts are not in dispute. When the 2nd respondent- complainant addressed a letter to the S.H.O., S.R.Nagar P.S., Hyderabad stating that the matter was settled out of court and seeking to record the compromise in the final report and close the case against all the petitioners, it is not known as to why the police proceeded with investigation and filed charge sheet. Further, from a reading of the complaint, in my considered view, the allegations made against the petitioners do not attract the provisions of Section 420 IPC and the matter is purely civil in nature. 6. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.219 of 2005 on the file of the III Addl. Chief Metropolitan Magistrate, Hyderabad, are hereby quashed. _______________________________ GOPALA KRISHNA TAMADA,J 1st July, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.7499 of 2007 (Allowed) Date:01.07.2010 CBS