M/S Shriram Transport Finance Ltd., And Another, v. Smt. R. Saraswathi, And Another,

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.8484 OF 2012 ORDER:

The present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioners - accused Nos.1 and 6 seeking to quash the proceedings in Crime/F.I.R. No.275 of 2012, dated 22.08.2012 of Bowenpally Police Station, Hyderabad, registered for the offences punishable under Sections 406, 409, 418, 477A, 420, 120-B read with 34 of the Indian Penal Code, 1860.

2. When the matter is taken up for hearing, Sri Kaatrapati Satyanarayana, learned counsel representing the legal representatives of deceased respondent No.1 - de facto complainant, reports that the de facto complainant has expired on 27.05.2013, and that her legal representatives were brought on record as respondent Nos.3 to 5 pursuant to the orders in I.A. No.2 of 2014 (Crl.P.M.P. No.3668 of 2014). The learned counsel also filed a copy of death certificate along with letter, dated 22.11.2018, addressed by the legal representatives of deceased respondent No.1 to the Registrar (Judicial), permitting them to engage the present counsel in place of previous counsel, Md. Muneeruddin, who expired during pendency of the present petition, as well as Vakalat.

3. Today, the petitioners as well as the legal representatives of the deceased respondent No.1, who were brought on record, as

respondent Nos.3 to 5 are present in the Open Court Hall. They are identified by their respective counsel.

4. Both the counsel would submit that the matter has been compromised between the parties. When the same was enquired with the parties, both sides admitted that the matter has been compromised between them and they requested to allow the present Criminal Petition. To that effect, they also endorsed on the case bundle. Even, in the aforesaid letter, dated 22.11.2018, the legal representatives of the deceased respondent No.1 - de facto complainant, mentioned about the matter being compromised between them and the petitioners herein. In view of the compromise entered between the parties, continuation of proceedings against the petitioners in the aforesaid Crime would tantamount to abuse of process of law and, therefore, the proceedings against them are liable to be quashed.

5. Accordingly, the present Criminal Petition is allowed and all further proceedings against the petitioners - accused Nos.1 and 6 in Crime/F.I.R. No.275 of 2012, dated 22.08.2012 of Bowenpally Police Station, Hyderabad, are hereby quashed.

Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand closed.

_______________________ SMT. T. RAJANI, J November 14, 2018 Mgr