Sugan Chand Sankla v. Rajesh Kumar Agarwal , N.K. Agarwal

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.1 and 2 of 2019 In/and CRIMINAL PETITION No.7279 of 2019 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners-A1 to A2 to quash the proceedings in the C.C.No.239 of 2019 on the file of the II Special Magistrate, Cyberabad, Rajendranagar. A charge sheet came to be filed against the petitioners for the offences punishable under Sections 447,427 and 506 r/w 34 IPC.

2. During pendency of the Criminal Petition, I.A.Nos.1 and 2 of 2019 came to be filed by the 1st respondent-de facto complainant to record the compromise and to compound the offences. Along with the petitions, a joint memo came to be filed, inter alia stating that at the intervention of elders and well wishers, the parties have settled their disputes amicably in terms of the compromise and a Memorandum of Compromise-cum-Settlement Agreement was entered into between the parties on 31.10.2019. Copy of the agreement is placed on record. The said joint memo has been supported by the affidavit of the 1st respondent, wherein it is stated that the petitioners-A1 and A2 are giving up their claims in the subject property and also executing release deed in favour of the 1st

respondent. Therefore, it is prayed to record the compromise and quash the proceedings against the petitioners.

3. Today, both the parties are present before this Court and they produced Aadhar cards, which show their identity. They are also identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the 1st respondent-de facto complainant has no objection for quashing the proceedings against the petitioners.

4. In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.Nos.1 and 2 of 2019 are ordered.

5. Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in C.C.No.239 of 2019 on the file of the II Special Magistrate, Cyberabad, Rajendranagar, against the present petitioners-A1 and A2 are hereby quashed. The parties are directed to deposit a sum of Rs.25,000/- by Monday positively before the High Legal Services Committee, Hyderabad.

Miscellaneous petitions, if any pending shall stand closed. _______________________ JUSTICE G. SRI DEVI DATED: 07.12.2019.

Hsd

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.1 and 2 of 2019 In/and CRIMINAL PETITION No. 7279 of 2019 Dated: 07.12.2019 Hsd