HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11119 of 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 to 3, under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.891 of 2010 on the file of the III Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, taken on file for the offence punishable under Section 304-A read with Section 34 of IPC. Heard and perused the record. The complainant, 2nd respondent herein, filed a complaint against the petitioners stating that due to medical negligence of the petitioners, his wife died. During the course of investigation, since the deceased died during surgery due to medical complications, the case was referred to the Regional Medical Board, Mahatma Gandhi Memorial Hospital, Warangal for their opinion regarding the negligence of the petitioners who were involved in the surgery of the deceased. The Expert Committee of the said Board opined that there was no negligence on the part of the petitioners. Inspite of the opinion of the Expert Committee of the Medical Board, basing on the opinion given by the Senior Assistant Public Prosecutor, the Sub Inspector of Police, Sanjeevreddy Nagar P.S., laid charge sheet against the petitioners which amounts to abuse of process of law. Further, learned counsel for the petitioners has submitted that both the parties have settled the matter out of Court and, to that effect, they entered into a Memorandum of Terms of Compromise. The 2nd respondent is present before this Court and stated that at the instance of elders and well wishers, himself and the petitioners have mutually settled the matter out of the Court and he has no objection to quash the proceedings against the petitioners. He also filed an affidavit narrating the compromise. In the light of the above, this Court is of the view that the proceedings initiated against the petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.891 of 2010 on the file of the III Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed and, consequently, the petitioners are acquitted of the offence. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 30th November, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.11119 of 2011 (Allowed) 30th November, 2011 cbs