HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8671 OF 2010 DATE: 06.09.2010 BETWEEN: Rajneesh Kumar Jha @ Pappu .. Petitioner And Sri Umesh Gupta and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8671 OF 2010 ORDER: This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.64 of 2007 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad. I have heard the learned counsel for the petitioner and the learned Public Prosecutor for the State and also respondent No.1. The allegations in the charge sheet against the petitioner are that the petitioner has been working as Accountant and Manager (Accounts) with Aditya Music Limited since 1998 and the first respondent-Umesh Gupta is the Managing Director of Aditya Music (India) Pvt. Ltd. and the petitioner, who was in possession of cheque books and pass books forged the signature of the first respondent on 29 cheques, remitted the said cheques in the current account No.1475, Andhra Bank, Nacharam opened in the name of M/s Pooja industries to an extent of Rs.1,46,06,614/-. The petitioner withdrew the amount and misappropriated the same. Therefore, on the report lodged by the first respondent, a case in Crime No.85 of 2006 of CCS DD, Hyderabad was registered against him and charge sheet was filed before the XII Additional Chief Metropolitan Magistrate, Hyderabad. While the case was pending before the learned trial Court, the petitioner and the first respondent compromised and filed a petition for compounding of the offences under Sections 408, 420, 468 and 471 of IPC. The learned trial Court permitted compounding the offences under Section 408 and 420 IPC, but refused to compound the offences under Sections 468 and 471 IPC on the ground that they are non- compoundable offences. Now, it is submitted by the first respondent-de facto complainant in the affidavit filed before this Court that at the instance of elders and well wishers, he had settled all the disputes with the accused and he has no interest to pursue the matter any more and therefore, the entire proceedings in C.C.No.64 of 2007 can be quashed. Both the learned counsel appearing for the petitioner and the first respondent and also the parties viz. petitioner and the first respondent were present in the Court and they have stated that the matter was compromised between both the parties at the intervention of the elders and the case need not required to be prosecuted any longer. The learned counsel appearing for the petitioner relied upon JAGDISH CHANANA ANDOTHERS v STATE OF HARYANA AND ANOTHER[1] and MADAN MOHAN ABBOT v STATE OF PUNJAB[2] in support of his submission that the proceedings in C.C.No.64 of 2007 can be quashed. In the judgments relied upon by the learned counsel, the Supreme Court held that where the question involved is purely personal in nature arising out of commercial transactions and if it is unlikely that the prosecution will succeed in matter and where no public policy is involved in transactions, continuation of proceedings would be futile exercise. Holding as such, the Supreme Court quashed the F.I.R. and all consequent proceedings. The above stated principle is attracted to the facts of the present case as this is also purely a personal dispute and no public policy is involved. Even if the matter is kept pending, no useful purpose will be served, the reason being the respondent No.1 and his witnesses will not support the case of the prosecution in the event of trial taking place in the present case. Therefore, keeping the case pending will cause much hardship and inconvenience to the parties and consumed valuable time of the Court concerned. In view of the above, all proceedings in C.C.No.64 of 2007 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad are quashed. Accordingly, the criminal petition is allowed. _______________ R.KANTHA RAO,J Dated: 06.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8671 OF 2010 DATE: 06.09.2010 [1] 2008 CRL.L.J2237 [2] 2008 CRL.L.J 2243