THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.4865 of 2012 Date:02.07.2012 Between:
Shaik Bikari Saheb . Petitioner.
AND The States of Telangana and Andhra Pradesh, rep by its’ Public Prosecutor, High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.4865 of 2012 ORDER:
This petition is filed to quash First Information Report in Crime No.78/2012 of Markapur (T) Police Station for alleged offences under Sections 323, 420 read with Section 34 IPC.
2. Heard both sides.
3. Advocate for petitioners submitted that there was an agreement of sale between petitioners and second respondent in respect of Ac.02-08 cents of property and as per the terms of the agreement, there is a default clause and the second respondent filed civil suit, after exchange of notices, claiming compensation for breach of contract and the said suit, after full pledged trial, is dismissed on 15-03- 2012 and after dismissal of the suit, the present private complaint is filed with the same allegations. He submitted that this is nothing but a plaint converted into criminal complaint and it is a clear abuse of process of Court and the Court below without applying its mind, has mechanically forwarded the complaint to police and the same was registered as F.I.R, therefore, it has to be quashed.
4. On the other hand, Advocate for second respondent submitted that the second respondent came to know that the defendants have sold away the land covered by agreement through various sale deeds in favour of five different persons long prior to the agreement and thereby, they have cheated the complainant.
5. I have perused the material papers filed along with the quash petition. As seen from the judgment in O.S.No.128/2008, the second respondent has contended in the suit that the petitioners have sold away the land covered by the agreement to five different persons in the year 1984, whereas the agreement was in the year 2008, but admittedly, no report is given either in the year 2008 or during pendency of the suit attributing cheating. As seen from the complaint, the date of offence is referred as 22-03-2012 at 9:00 P.M., but a entire reading of complaint, nowhere the details are given as to how the offence of cheating took place on 22-03-2012, whereas the plaint averments are that the petitioners have cheated second respondent by executing a sale agreement suppressing the sale of property to five different persons in the year 1984. As rightly pointed out by Advocate for petitioners all the plaint averments have reproduced in the complaint, except creating an incident on 22-03-2012 at the premises of the complainant for which no details are given therefore, on such vague allegations entertaining the complaint by the Court below and forwarding it to the police for investigation is not correct. As seen from the material papers, the dispute between the parties is of purely civil nature and according to the submissions of both sides, the decree in O.S.No.128/2008 has become final as no appeal is preferred.
6. Considering these aspects, I am of the view that this is a fit case, where the powers under Section 482 Cr.P.C have to be exercised for quashing the First Information Report in Crime No.78/2012 as it would amount to abuse of process of Court.
7. Hence Criminal Petition is allowed at the stage of admission and the F.I.R., in Crime No.78/2012 of Markapur (T) Police Station is hereby quashed.
8. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition, shall stand disposed of.
JUSTICE S. RAVI KUMAR
Date:02.07.2014 mrb