Mohammed Majeed Ullah Khan And 2 Others v. Dr. Aleemullah Khan And Another

THE HONOURABLE JUSTICE G. SRI DEVI of and .

Nos .

.I and Crl.P.No.6798 of 2019 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.409 of 2018 on the file of the I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences under Sections 420 and 506 IPC, against the petitioners/A1 to A3.

2.

I.A.Nos.1 and 2 of 2019 are filed under Sections 320(6) and 320(2) of Cr.P.C., by both parties seeking leave of this Court to compound the offences and to record compromise as the matter was settled out of the Court due to intervention of the elders. Along with the affidavits, they filed a joint memo of compromise stating that the 1st petitioner/A1 agreed to pay an amount of Rs.45,00,000/- and to return the material of the hospital and he also issued a cheque dated 29.07.2019 for a sum of Rs.20,00,000/- and another cheque dated 15.09.2019 for a sum of Rs.25,00,000/- in favour of the 1st respondent-de-facto complainant and both the cheques got honoured and that A1 also returned the material and equipments of the hospital and that since there is no claim against the petitioners, the 1st respondent agreed to withdraw the present case against them.

3.

Today, when the matter came up for hearing, the 1st respondent/de-facto complainant and the petitioners/A1 to A3 are

present and they are identified by their respective counsel. They filed xerox copies of their aadhar cards along with the affidavit. When this Court enquired the parties, the 1st respondent-de-facto complainant and the petitioners/A1 to A3 stated that they entered into compromise due to intervention of elders.

4. In view of the settlement arrived at between the parties, I find that it is a fit case to grant leave to the parties to compound the offences and to quash the proceedings against the petitioners/A1 to A3.

5. In the result, I.A.Nos.1 and 2 of 2019 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.409 of 2018 on the file of I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed against the petitioners/A1 to A3.

6. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.

_____________ G. SRI DEVI, J 16th November, 2019 sj