Crl.P.No.4223 of 2012 by A4, A9 and A10, Crl.P.No.4631 of 2012 by A1, A11, A12 and A17 and Crl.P.No.4725 of 2012 by A5 to A8 are filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.44 of 2012 on the file of the Judicial Magistrate of I Class, Palakol. West Godavari District.

2. It is alleged in the complaint that A1 is the elder sister of A2 and A3 is the daughter of A2. A2 and A3 are residing in New York. A2 and A3 executed General Power of Attorney in favour of A1 on 28-02-2009 to sell their house property. A1 sold away a bit of house site consisting of 700 sq. yards situated at 14th Ward Palakol Revenue Mandal within the jurisdiction of A5, in favour of the complainant and L.W.4 by way of registered sale deed, dated 21-03-2009, which possess assessment Nos.1079009317 and 1079009318. Though bit of house consists of 700 sq. yards, due to certain factors, which are incapable of measurements, on account of the existence of certain old structures, the bit actually consists of more than 700 sq. yards. When this peculiarity was pointed out to A1 at the time of sale, she incorporated a specific recital in the sale deed as follows:

“IF, AT THE TIME OF MEASUREMENT OF THE SITE IN FUTRE, THERE ARE LESSER EXTENTS AND GREATER EXTENTS IN THE TOTAL EXTENT OF THE SITE, YOU HAVE TO BEAR THE LOSS IF THE EXTENT IS LESS, OR IN CASE THE EXTENT IS MORE, YOU ARE ENTITLED TO ENJOY THE SAME WITH FULL RIGHTS OF ALIENATION OR ENJOY THE SAME YOURSELVES”. Therefore, the complainant is entitled to enjoy with full rights any extent beyond 700 sq.yards.

It is further alleged that after purchase of bit of site, they demolished the existing structures thereof, in which process the total extent of the site came to be identified as consisting of 1015 sq. yards. The complainant started plotting this bit of 1015 sq. yards and started selling plots one by one and sold five plots. While so, A4 came to know through A11 that the house site of the complainant consists of 1015 sq. Yards, started demanding him to give away 315 sq. yards. A4 is very authoritative in this demand since his wife A9 happens to be Councilor of 1st Ward Palakol. A11 is in fact behind A4 is black mailing the complainant to part with the site of the complainant by giving him away 315 sq. Yards. A4 used various coercive tactics against the complainant in collusion with A10 to A12 and A13 to A17 to intimidate him to give him away 315 sq. yards. However, the complainant and L.W.4 remained firm with their possession and enjoyment of the total extent of 1015 sq.yards. A4 in order to grab 315 sq. yards of site entered into an illegal conspiracy with A5 to A8 who are the Municipal Commissioner and employees of Municipality and A9 who is his wife and with a dishonest intention to defeat and defraud the rights of the complainant over 1015 sq. yards, hatched up a plan in collusion with A9 to A17, who are his close friends and associates without reference to the sale deed, dated 21-03-2009 made by A1 in favour of the complainant and L.W.4, executed a Rectification Deed, dated 26-12-2009, unilaterally showing A11 as one of the witnesses along with A13 to the said document and A11 and A13 acted as attestors to the said Rectification Deed and also as identifying witnesses before the Sub-Registrar, Palakol without making the complainant as parties to the said Rectification Deed and without knowledge of the complainant in the office of Sub-Registrar causing prejudice and loss and injury to him.

It is further alleged that all the accused with a common intention to deceive the complainant and to set apart 315 sq. yards of site, fabricated an un-registered will, dated 14-11-1998 said to have been executed by Bangaru Sarojini Devi, mother of A1, A2, A14 and A15 with false allegations alleging that the above 315 sq. yards, which is part and parcel of complainant’s property should have enjoy the same by A2 after the death of B.Sarojini Devi, who is his mother and to the said will, A14 and