THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 5215 of 2007 Order: This petition, under Section 482 Cr.P.C., has been filed to quash the proceedings in C.C. No. 119 of 2003 pending on the file of the Additional Judicial Magistrate of First Class, Kandukur. The second respondent herein is the de facto complainant in that case. A case in Crime No.25 of 2003 for the offences punishable under Sections 143, 352, 509, 356, 384 and 354 IPC was registered on 21.04.2003 and after completing the investigation charge sheet has been filed in C.C. No. 119 of 2003 against the petitioners. The only contention of the learned counsel for the petitioners is that the matter has been compromised between the parties and in pursuance of the compromise all other cases were withdrawn and that there was no knowledge about the pendency of this case to the petitioners and therefore the factum of pendency of this case was not mentioned in the compromise petition. In the above circumstances, the petitioners may appear before the lower Court and file necessary papers and inform the Court about the earlier settlement entered into between the parties and if necessary they can file a petition to record the compromise. However, the same is not possible unless the presence of the de facto complainant is secured. Criminal proceedings cannot be quashed merely on the ground that the matter was settled between the parties, particularly in the absence of the de facto complainant. Subject to the above observation, the Criminal Petition is dismissed. _____________________ B. CHANDRA KUMAR, J. Date: 20.04.2010 Nsr