Dodda Linga Murthy, v. Dr. T. Gopal Rao
HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CRL.P( MP) No.1 2 2 3 2 / 2 0 1 7 in Cr l.P. No.4 8 4 1 of 2 0 1 7 & CRI MI NAL PETI TI ON No.4 8 4 1 of 2 0 1 7 COMMON ORDER:
Cr l.P.MP.No.1 2 2 3 2 of 2 0 1 7 Heard learned counsel for the petitioners.
Learned Public Prosecutor for the State of Telangana opposed the petition on the ground that the other petitioners i.e., K.V. Chowdary and D. Linga Murthy were also directors/shareholders of the company and in their absence, the compromise cannot be recorded.
Learned counsel for the petitioners produced the Articles of Association to establish that they are unconcerned with the company affairs and the earlier proceedings in Company Application No.766 of 2017 were also recalled by Order dt. 22.09.2017 and though there is an allegation in the statement recorded by the Police under Section 161 Cr.P.C. about the participation of K.V. Chowdery and D. Lingamurthy, they are unconcerned with the company affairs as per the material available on record.
The petitioners appeared before the Court and they are identified by their respective counsel and they also produced Aadhar Copies in proof of their identity.
In view of the facts and circumstances of the case, the objections of the learned Public Prosecutor is turned down and the
parties are permitted to compromise the matter in terms of Memorandum of Compromise filed along with this Petition. Accordingly, this petition is allowed permitting the petitioners to compound the offence punishable under Sections 406 and 420 IPC. Cr l.P.No.4 8 4 1 of 2 0 1 7 In view of the Orders in Crl.P.M.P.No.12232 of 2017, this Criminal Petition is allowed and the proceedings in FIR No.119 of 2017 on the file of Moinabad Police Station, Cyberabad, are hereby quashed. As a sequel, miscellaneous petitions, if any, pending in this case, shall stand dismissed.
________________________________________ M. SATYANARAYANA MURTHY, J Date: 16-11-2017.
eha
HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CRL.P( MP) No.1 2 2 3 2 / 2 0 1 7 in Cr l.P. No.4 8 4 1 of 2 0 1 7 & CRI MI NAL PETI TI ON No.4 8 4 1 of 2 0 1 7 Dt. 16-11-2017 eha