HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NOs.6833 AND 8737 OF 2008 Date: 07-10-2010 CRIMINAL PETITION NO.6833 OF 2008 Between: Mohd. Saleem. --- Petitioner/A- 1. And The State of A. P., Rep. By its Public Prosecutor, High court of A.P., Hyderabad, And another. --- Respondents. CRIMINAL PETITION NO.8737 OF 2008 Between: Mohd. Tayyab Pasha and another. --- Petitioners/ A-2 and A-3. And The State of A. P., Rep. By its Public Prosecutor, High court of A.P., Hyderabad, And another. --- Respondents. This Court made the following : HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NOs.6833 AND 8737 OF 2008 COMMON ORDER: Criminal Petition 6833 of 2008 is filed by the petitioner/A-1 and Criminal Petition 8737 of 2008 is filed by the petitioners/A-2 and A-3 under Section 482 Cr.P.C., seeking to quash the proceedings in Crime No.291 of 2008 of PS Chandrayangutta, Hyderabad, on the file of learned Chief Metropolitan Magistrate, Hyderabad (Hereinafter referred to as ‘the learned Magistrate’). Heard Sri Syed Lateef, learned counsel appearing for the Petitioners/A-1 to A-3 in both the cases and the learned Additional Public Prosecutor representing the State. Shaik Ahmed, second respondent/de-facto complainant filed a private complaint before the learned Magistrate and the learned Magistrate referred the same to the Station House Officer, Chandrayangutta Police, Hyderabad, under Section 156 (3) Cr.P.C., for the purpose of investigation and report and now the matter is under investigation. Admittedly, lot of civil litigation has been pending between the parties and the same is evident from the Criminal Petitions filed by them. These two Criminal Petitions appears to have been the result of their long-standing litigation between both the parties. However, now the parties got compromised the matter at the intervention of the elders and both the parities are present before the Court. Shaik Ahemed, who is the de-facto complainant, stated that he compromised the matter with the Petitioners/A-1 to A-3 and he is no longer interested to prosecute the cases. Learned counsel appearing for the petitioners would further submit that since the matters are at the stage of investigation, it is not possible for them to compromise the matters and compound the offences before the trial Court, since the trial Court is not accepting any such move by the parties. Considering all aspects of the matter and keeping in view of the compromise reached by the parties, still if the cases are kept pending for investigation before the trial Courts, it will result in undue hardship and lot of inconvenience to the parties. Ultimately, if the police file charge sheets, since the de-facto complainant and his witnesses are no longer interested to prosecute the cases, they will not support the prosecution. Keeping the matters pending till such time, in my view, is nothing but abuse of process of law. For the foregoing reasons, entire investigation in Crime No.291 of 2008 of Chandrayangutta PS on the file of learned Chief Metropolitan Magistrate, Hyderabad, is hereby quashed. Both the Criminal Petitions are accordingly, allowed. ________________ R. KANTHA RAO, J Dated: 07-10-2010 Dsh.