IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1033 OF 2011 Between: Kum. S.Vanaja & Anr. … Petitioners-A8 & A10 V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents Counsel for the Petitioners : Sri K. Rathangapani Reddy Counsel for the Respondent No.1: Addl. Public Prosecutor Counsel for the Respondent No.2: None appeared The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1033 OF 2011 O R D E R : This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash the proceedings against the petitioners in SC.No. 381 of 2009 on the file of the Court of Principal District and Sessions Court, Medak at Sanga Reddy, grant stay of all further proceedings including appearance of the petitioners in the above case, pending disposal of the criminal petition and to pass such other suitable orders, as this Court may deem fit and proper in the circumstances of the case. 2. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor representing the State and perused the records. 3. In similar circumstances, this Court quashed the proceedings in SC.No. 127 and 128 of 2008 on the file of the Court of Principal District and Sessions Court, Medak at Sanga Reddy in Criminal Petition Nos. 10764 and 10765 of 2010 passed common order dated 29-12-2010 and the said order reads as hereunder : Since the issue involved in both the petitions is one and the same, these petitions are being disposed by this common order. On the basis of the report given by the second respondent-complainant, CID Hyderabad Police Station registered a case in Cr.No. 13 of 2003 against the petitioners herein for the offences punishable under sections 406, 420, 120 (B) of IPC and Section 5 of AP Protection of Depositors of Financial Establishments Act, 1999. After completion of the investigation, charge sheets were filed and the same were numbered as SC.Nos. 127 and 128 of 2008 respectively before the Principal District and Sessions Court, Medak at Sangareddy and the same are pending. While so, it appears that there was a settlement arrived at between the parties. As per the settlement, the petitioners-accused have paid the entire amounts that have been deposited by the depositors and as such the depositors are not interested to proceed with the matter further. In that regard, both the parties reduced the said compromise into writing. A memorandum of compromise is also filed. The parties are present. When the depositors are questioned, they stated that they received the amounts and therefore, they are not interested to proceed with the matter. Apparently, some of the offences for which the petitioners are charged are not compoundable and it is not proper for the Court to get the said offences compounded. But from the fact, it appears that the depositors as well as the employees working inBHEL and the accused persons have floated a firm in the name and style of M/s. Srinidhi Nivas Builders. It is a matter in between the employees of BHEL. If this Court does not record the said compromise, tomorrow when the case is taken up for trial, the alleged depositors, who are cited as list of witnesses, do not support the case of the prosecution and the petitioners-accused will automatically be acquitted for lack of evidence and it amounts to wasting of precious time of the Court. Though this Court is not inclined to get the offences compounded, in view of the above circumstances, the proceedings in the above Sessions Case Nos. 127 and 128 of 2008 on the file of the Principal District and Sessions Court, Medak at Sangareddy, are hereby quashed. Accordingly, both the Criminal Petitions are allowed. 4. Following the common order passed by this Court in Criminal Petition Nos. 10764 and 10765 of 2008, dated 29-12-2010, the proceedings against the petitioners in SC.No. 381 of 2009 on the file of the Court of Principal District and Sessions Court, Medak at Sanga Reddy, be and hereby quashed. 5. The Criminal Petition is accordingly allowed. _______________________ JUSTICE RAJA ELANGO 15-02-2011 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1033 OF 2011 Circulation No. 97 Date: 15-02-2011 Court Master : I s L