Heard learned counsel for the parties.
Leave granted.
A perusal of the records show that Criminal Petition Nos.5273/2000,
5345/2000, 5342/2000 and 5380/2000 filed by the petitioners under Section 482 of the
Code of Criminal Procedure for quashing the proceedings of CC Nos.1744/1999,
1745/1999, 1746/1999 and 1747/1999 pending in the Court of XIth Metropolitan
Magistrate, Secunderabad, were dismissed by the High Court of Andhra Pradesh vide
common order dated 22.7.2004. That order has been challenged in these appeals,
except insofar as it pertains to Criminal Petition No.5380 of 2000 because petitioner of
that case has not challenged the High Court’s refusal to quash the proceedings of the
criminal
case. Another case registered as CC No.789 of 2001 is also pending in the Court of
XIth Metropolitan Magistrate, Secunderabad. Apart from the criminal cases, Civil
Suit bearing O.S. No.170/1999 filed by some of the non-petitioners is pending in the
Court of Additional Chief Judge, City Civil Court, Secunderabad. In that case, the
petitioners filed an application for grant of leave to defend, which was dismissed by
the Trial Court. CRP No.794/2001 filed against the order of the trial Court was
partly allowed by the High Court and leave to defend was granted subject to the
condition of deposit of 50% amount claimed by the plaintiffs. That order is under
challenge in Special Leave Petition (Civil) No.17124 of 2008.
Learned counsel for the appellants stated that the disputes between the
parties in all the four complaint cases as well as the suit have been settled and,
pursuant to the settlement, entire money has been paid to the complainants of the
complaint cases and the plaintiffs of the civil suit. He also stated that Memorandum
of Understanding has been entered into by the parties, original of which has been
filed in this Court along with an affidavit.
Learned counsel appearing on behalf of the respondents had taken time on
the last occasion to seek instruction from his clients. Today, he stated that his clients
have not given the required instructions and, therefore, he is not in a position to make
any statement.
We have gone through the Memorandum of Understanding and are
satisfied that the parties have settled their disputes and as such, it would be just and
expedient to quash the prosecution of the accused persons in all the four cases to meet
the ends of justice in spite of the fact that dismissal of Criminal Petition No.5380/2000
has not been challenged before this Court. We are also satisfied that proceedings of
CC No.789/2001 deserve to be quashed.
In the result, we allow the criminal appeals and quash proceedings of all
the accused persons in CC Nos.1744/1999, 1745/1999, 1746/1999, 1747/1999 pending
in the Court of XIth Metropolitan Magistrate, Secunderabad, within the State of
Andhra Pradesh. The proceedings of CC No.789/2001 pending in that Court are also
quashed.
So far as the civil suit is concerned, prayer has been made in the
Memorandum of Understanding for its withdrawal. In view of this, civil suit bearing
O.S. No.170 of 1999, pending in the Court of Additional Chief Judge, City Civil Court
at Secunderabad, within the State of Andhra Pradesh is transferred to this Court and
is disposed of as withdrawn.
Accordingly, the criminal appeals and the civil appeal are disposed of.
[G.S. SINGHVI] New Delhi, August 01, 2008.