IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.1190 OF 2010 Between: Mohd. Abdul Jabbar & 3 others ……Petitioners – Accused Nos.1 to 4 AND Fakeer Mohammad & 2 others .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.1190 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners Mohd. Abdul Jabbar, Mohd. Abdul Majeed, Mohd. Abdul Gaffar and Mohd. Irshad, accused Nos.1 to 4 respectively, seeking to quash the proceedings against them in C.C. No.312 of 2008 on the file of Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of Crime No.64 of 2007 of Chandrayangutta Police Station, Hyderabad, registered for the offence under Section 365 IPC. 2. Heard. 3. The offence alleged against the petitioners is of kidnapping. Petitioner Nos.1 to 3 herein are sons of the alleged victim Fakeer Mohammad, respondent No.1 herein, born through his first wife. T h e de facto complainant Mohd. Muneer Atheri, respondent No.2 herein, is also a son of the victim. 4. The victim Fakeer Mohammad, who is around 90 years, and petitioner Nos.1 to 4 are present. On being questioned, the victim reports that the matter is settled between them out of Court, as such, the impugned proceedings against the petitioners may be quashed. 5. De facto complainant produced his original electoral card bearing No.AP/41/205/012526 and MPIC No.15/33/00/016/00186/01 issued by the Election Commission of India on 15-12-1995, which contains his photograph, showing his father’s name as Gulam Rasool and residential address as 3-6, Mankhal village, Maheshwaram. Thus, there is no dispute about the identity of the victim. 6. In the circumstances and in view of the fact that the petitioners, victim and the de facto complainant belong to one family and the petitioners amicably settled the matter with the victim out of Court, the impugned proceedings can be quashed against all the petitioners. 7. Therefore, the Criminal Petition is allowed at the admission stage itself and the proceedings against all the petitioners, accused Nos.1 to 4, in C.C. No.312 of 2000 on the file of Chief Metropolitan Magistrate, Nampally, Hyderabad, are quashed. Affidavit of the victim, which is filed along with the criminal petition, shall form part of the record. ____________________ P. SWAROOP REDDY, J February 11, 2010. PV