Colorful Vacations Private Limited v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.SHANKAR NARAYANA Crl.P.MP.Nos.2519 and 2520 of 2017 I N/ AND CRI MI NAL PETI TI ON No.2555 OF 2017 ORDER:

The Authorised Signatory of Colourful Vacations Private Limited, who is the petitioner/accused, by name Manish Kumar Singh is present. Photostat copy of the authorisation letter is filed along with the Criminal Petition at Page No.18. It is accepted only for the purpose of this case and cannot be used in any other cases. Respondent No.2/de facto complainant is present. The de facto complainant has filed Crl.P.M.P.No.2519 of 2017 under Section 320(6) read with 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') to permit him to enter into compromise with the petitioner/accused for the offences punishable under Section 420 IPC and Sections 66C and 66D of the Information Technology Act, 2008 in Crime No.425 of 2016 of MVP Police Station/Cyber Crimes Investigation Cell, Visakhapatnam City. The de facto complainant also filed Crl.P.M.P.No.2520 of 2017 seeking permission to file the Criminal Petition itself. 2.

Both the de facto complainant as well as the accused are identified by their respective counsel, Sri S.Vivek Chandra Sekhar and Sri Botta Praveen Kumar Reddy. Aadhar Card of the de facto complainant and driving licence of the petitioner/accused are shown and Photostat copies thereof have been filed. 3.

Since the de facto complainant and the petitioner would affirm the contents of the Joint Memo of Understanding filed in Criminal

ASN,J CrlP_2555_2017 Petition and the de facto complainant states that he has received Rs.2,20,000/- by way of transfer to his account bearing A/c.No.00501050121725 of HDFC Bank, Dwarakanagar, Visakhapatnam, on 03.03.2017 from the petitioner and he has no grievance against the petitioner.

4.

Keeping in view the guidelines laid down by the Hon'ble Apex Court in Gian Singh v. State of Punjab1, Crl.P.M.P.Nos.2519 and 2510 of 2017 are ordered and consequently, the Criminal Petition is allowed quashing the First Information Report in Crime No. 425 of of MVP Police Station/Cyber Crimes Investigation Cell, Visakhapatnam City registered for the offences punishable under Section 420 IPC and Sections 66C and 66D of the Information Technology Act, 2008.

Consequently, Miscellaneous Petitions, if any, pending in this petition shall stand closed.

__________________________ JUSTI CE A.SHANKAR NARAYANA Date:10.04.2017 Note: Furnish CC within two (02) days (B/O) INL 1 2012 (10) SCC 303