HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITIONS No:10764 & 10765 OF 2010 COMMON ORDER: 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 2nd respondent- complainant, C.I.D. Hyderabad P.S. registered a case in crime No.13 of 2003 against the petitioners herein for the offences punishable under Sections 406, 420, 120(B) of IPC and Section 5 of A.P. Protection of Depositors of Financial Establishments Act, 1999. After completion of the investigation, charge sheets were filed and the same were numbered as Sessions Cases No.127 and 128 of 2008 respectively before the Principal District & 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 in BHEL 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 the above circumstances, the proceedings in the above Sessions Cases No.127 and 128 of 2008 on the file of the Principal District & Sessions Court, Medak at Sangareddy, are hereby quashed. Accordingly, both the Criminal Petitions are allowed. ______________________________ Justice Gopala Krishna Tamada Dated: 29.12.2010 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITIONS No:10764 & 10765 OF 2010 29.12.2010